Illinois 
Department of Agriculture 

GENERAL INFORMATION 

AND 

LAWS 



Effective July 1, 1917 




Comprled by 

EDWARD J. BRUNDAGE, 

Attorney General 
Springfield 



O 



[Printed by authority of the State of Illinois.] 




Glass ___5jji 

Book___j_r\_l__ 



< 



J- Ml f]e r 4. 



Illinois 



Department of Agriculture 



GENERAL INFORMATION 



AND 



/63 



LAWS 



Effective July 1, 1917 




Compiled by 

EDWARD J. BRUNDAGE, 

Attorney General 
Springfield 



[Printed by authority of the State of Illinois.] 






na- 



Springfield, III. 

Illinois State Journal Co., Statk Printbrs, 

P5677— IM 

19 17 



n. of »• 
etc 24 1918 



NOTE. 

The object of this pamphlet is to provide for the Department of 
Agriculture and those who are interested in its administration an outline 
and summary of the organization, powers and duties of said department 
under the Civil Administrative Code. For this purpose, the Civil 
Administrative Code has been carefully analyzed, and the matter relating 
to the Department of Agriculture is here presented in a form to facilitate 
ready reference. A compilation of the laws, and parts of laws, which 
the Department of Agriculture will be called upon to recognize or 
enforce is here included. To this has been added annotations show- 
ing the validity and the application of these laws. 



CONTENTS. 



I. ORGANIZATION AND MANAGEMENT. 



Paragraph. 

1. Executive Offlcers. 

2. Nou-Exccutivc Officers. 

3. Seal. 

4. Central and Branch offices. 

5. Employees, Civil Service. 



11. 
12. 
13. 
14. 
15 
16. 



22. 
23. 
24. 
25. 



77. 
78. 
79. 
80. 
81. 
82. 
83. 



Paragraph. 

6. Rules and Regulations. 

7. Cooperation, Coordination and Efficiency. 

8. Moneys, Disposition. 

9. Expenditures. 
10. Reports 



II. POWERS AND DUTIES. 



Generally. 

Live Stock (Commissioners). 

Stallion Registration. 

Stock Breeding. 

Apiaries (Inspector of). 

Game and Fish. 



17. 
18. 
19. 
20. 
21. 

LAWS. 



Food (Commissioner). 
Cold Storage Warehousing. 
Entomologv. 
Commercial Fertilizers. 
Non-Executive Duties. 



STATE HORTICULTURAL SOCIETY. 



Public Corporation. 

Organization. 

Executive Board. 

Powers, Meetings, Funds, etc. 



26. Election of Officers. 

27. District Societies. 

28. Bv-Laws. 



ILLINOIS FARMERS INSTITUTE. 



29. Public Corporation. 

30. Delegates. 

31. Management. 

32. Directors, Powers. 

33. Annual Meeting. 

38. Appropriation, Authority. 



39. Inspector. 

40. Inspection Nuisance, Notice. 



34. Directors, Election and Duties. 

35. Quarters. 

36. By-Laws 

37. Appropriations. 



COUNTY FUNDS. 



APIARIES. 



41. Report. 

42. Penalties. 



ENTOMOLOGY. 



43. Nurseries Inspection, Certificate. 

44. Injurious Insects, Nuisance, Inspection, 

iSlotice. 

45. Shipments, Certificate. 

PLANT INSPECTION 



4fi. Inspection, Application, Expenses. 

47. Penalty. 

48. Repeal. 



49. Short Title. 63. 

50. Terms Defined. 64. 

51. Annual Inspection. 65. 

52. Infected Premises or Stock, Inspection. 66. 

53. Nursery Stock, Inspection. 67. 

54. Certificate of Inspection. 68. 

55. Certificate of Inspection, Withholding. 69. 

56. Dealer's Certificate, Affidavit. 70. 

57. Agent's ('ertilicatc. 71. 

58. Agent's Certificate, Affidavit. 72. 

59. Misusing Certificate. 73. 

60. Shipping Information 74. 

61. Labeling, Uncertified Nursery Stock, Report. 75. 

62. Nurserv Stock, Sale. 76. 



Nuisance Defined. 

Nuisance, Notice, Abatement. 

Requested Inspection, Municipality. 

Requested Inspection, Florist. 

Importation, Quarantine, Notice. 

Quarantine, Notice. 

Farm Crops, Preventive Measures. 

Review of Action. 

Penalties and Prosecution. 

Olficial Omissions. 

Commerce. 

Construction of Act. 

Repeal. 

Emergency. 



AGRICULTURAL EXPERIMENT STATION. 



Instruction in Crops, etc. 

Investigations. 

Experiments. 

Examination cf soils. 

Improve Methods for Orchards, etc. 

Improve Methods for Dairy. 

Improve .Methods for Cut Flowers etc. 



84. 
85. 



87. 



Housekeeping Instruction. 

Appropriation for Soil Maps. 

Meetings. 

Appropriation, Mining Engineering. 

Appropriation, Geological Survey. 

Auditor's Warrant, etc. 



90. License. 



MARKETING PRODCTCTS. 



CONTENTS— Continued. 



Paragraph. 

91. Statements, Record. 



93. Bond, Reports. 

94. Bond, Form, Action. 



97. 



100. 
101. 



Packages, Marking. 
Certificates, Filing. 
License, Fee. 
Analysis. 
Penalty. 



106. Planting. 



COMMISSION MERCHANTS. 

Paragraph. 
92. Penalty. 

BUTTER AND CHEESE FACTORIES. 

95. Bond, Recording. 

96. Penalty. 

COMMERCIAL FERTILIZERS. 

102. Fines, Action. 

103. Annual Report. 

104. Samples. 

105. Attorney General. 

ARBOR DAY. 
LIVE STOCK. 



107. 

108. 

109. 

110. 
111. 
112. 
113. 
114. 
115. 
116. 

117. 



131. 



Communicable Diseases, Investigation, 118. 
Quarantine, Appraisal, Slaughter. 
Aflected Districts, Report, Proclamation. 119. 
Quarantine, Penalty. 120. 
Affected Districts, Proclamation, Importa- 
tion, Penalty. 121. 
Removal of Diseased Animals. 122. 
.Concealment of Disease in Animals Penalty. 123. 
Fines, Payment. 124. 
Claims, Allowance. 125. 
Sheriffs, Constables Assistance. 126. 
Annual Report. 127. 
Importation of Bulls, etc.. Certificate of 128. 
Health. 129. 
Importation of Bulls, etc., Exchange of 130. 
Cattle. 



Importation of Bulls, etc., Certficate of 
Health, Requirements. 

Transportaton of Cattl e. Permits. 

Transportation of Cattle, Affidavit of Classi- 
fication. 

Cattle in Transit. 

Transportation Companies, Responsibility. 

Cattle, Delivery. 

Tuberculin Test, Expense, Lien. 

Tuberculin Tested Cattle, Sale. 

Tuberculin Test, Consent. 

Penalty. 

Feeding Cattle, Lien. 

Stock Yards. 

Importation of Diseased Animals, Penalty. 



TUBERCULIN TEST. 
Dairy Animals, Tuberculin Test Unlawful. 

TEXAS FEVER 



132. 
133. 
134. 



137. 
138. 



141. 
142. 



145. 
146. 



148. 
149. 
150. 
151. 
152. 
153. 



Way-bill, Point of Origin. 
Cleaning and Disinfecting Cars. 
Unloading Cattle, Pens. 



135. 
136. 



Separate Place in Yards. 
Penalty. 



PLEURO PNEUMONIA. 



Cooperation with United States. 
Powers of Inspectors 



Running at Large. 

Hog Cholera, Prevent Spreading. 



139. Quarantine Expenses. 

140. Penalty. 



SWINE. 



143. Diseased Swine, Conveying. 

144. Penalty. 



Inspection of Animals. 

Killing of Diseased, Disposition. 



MEAT INSPECTION. 

147. Penalty. 



STALLION REGISTRATION. 



Enrollment of Pedigree, License. 
License, Affidavit. 
Infectious diseases. 
Records. 
License, Posting. 

Pure-bred and Grade License Certificates, 
Forms. 



154. Fees. 

155. License, Renewal, Permanent Certificate. 

156. Complaints, Revocation of License. 

157. Penalty. 

158. Funds. 

1.59. Annual Report. 

160. Repeal. 



STALLIONS AND JACKS. 
Pedigree, Misrepresentation, Penalty. 



162. Lien for Service, Fee. 

163. Claim for Lien, Foreclosure 

164. Recording. 

165. Evidence. 

166. Enforcement of Lien. 

167. Procedure. 



SERVICE 


; LIEN. 






168. 
169. 
170. 
171. 
172. 


Attachment 
Execution. 
Verdict^ Judgment, 
E.xecution Sale. 
Redemption. 


Costs. 



CONTENTS — Continued. 



STOCK BREEDERS. 



Paragraph. 

173. Statement, Filing. 

174. Certificate of Registration, Posting. 

175. Get, Lien. 

176. Get, Sale on Execution. 



Paragraph 

177. Fees. 

178. Same. 

179. Annual Report. 

180. Certificates of Registration, Penalty. 



RACE HORSES. 



181. Entries. 

182. Penalty. 



183. Name under which Entered. 

184. Record, Evidence. 



CRUELTY TO ANIMALS. 



Cruelty Defined, Penalty. 
Confining Animals, Penalty. 



187. Mutilation of Horses, Penalty. 



194. 
195. 
196. 
197. 
198. 
199. 
200. 
201. 



208. 
209. 
210. 
211. 



213. 
214. 

m 

215. 

216. 

M*. 

217. 

218. 

219. 

220. 

221. 

222. 

223. 

224. 

225. 

226. 

227. 

228. 

229. 

230. 

231. 

232. 

233. 
234. 
235. 
236. 



270. 
271. 
272. 
273. 
274. 



RUNNING AT LARGE. 



188. Animals not to run at Large. 

189. Penalty. 

190. Pound, Selection, Pound-Master. 



191. Enforcement of Act. 

192. Exemption. 

193. Repeal. 



DOGS. 



Sheep Killed or Injured, Action. 

Dogs. Killing. 

Penalty. 

Listing Dogs. 

Metalhc Tag, Assessor's Duty 

License Fee, Exemption. 

Damages, Action. 

Trespassing Dogs, etc. 



202. Use of Poison. 

203. License Fund, Distribution. 

204. Damages, Verdict, Judgment, Execution. 

205. Affidavit of Loss, Witnesses, Damages, Pay- 

ment. 

206. Witness Fees. 

207. Penalty. 



GAME AND FISH. 



Appointment of Commission and its Duty. 

Appointment of Wardens. 

Salaries and Quarters. 

Hunting and Killing Quail^ Prairie Chicken, 

Rabbit, Duck, Fur-Bearing Animals, etc.. 

Penalty. 
Sale of Game Birds and Game Animals, 

Penalty. 
KilUng Wild Birds, Penalty, Game Birds 

Defined. 
Trapping Wild Goose, Wild Duck, Prairie 

Chicken, Quail, etc.. Penalty. 
Bag Limit, Penalty. 
Shipment and Transportation of Game. 

Penalty. 
Permit to Ship Game. 
Wild Game or Birds, Possession, Penalty. 
Wild Game or Birds, Ownership. 
Destroying Nests or Eggs, Penalty. 
Scientific Purposes, Exemption. 
Permits for Scientific Purposes, Penalty. 
Complaint, Search Warrant, etc. 
Hearing and Judgment. 
Notice, Sale. 
Proceeds, Disposition. 
Hunting License, Application, Penalty. 
Game Reservations, Penaltj\ 
Fishing License, Penalty. 
Fishing License, Application. 
Fish Market, License. 
Fish Preserves and Fish Hatching, Fishing, 

Penalty. 
License Fees, Payment. 
License, Alteration, etc.. Penalty. 
Prosecution for Violations, Fines, Payment. 
Private Premises, Trespassing, Penalty. 



237. Ownership in Fish. 

238. Fishing Devices. 

239. Catching Fish with Chemicals, etc., Penalty, 

240. Unlawful Structures 

241. Catching Fish, Fire Arms, etc., Penalty. 

242. Pole and Line. 

243. Under Weight and Under Size Fish. 

244. Weight and Size of Fish, Evidence . 

245. Shipment and Transportation of Fish. 

246. Fishing Season. 

247. Shipping Tags. 

248. Fisb Hatching. 

249. Fishing Devices, Seisure. 

250. Contraband. 

251. Dams and Fishways, Construction, etc. 

252. Tags and Labels Penalty. 

253. Terms Defined. 

254. Inspection. Power of. 

255. Resisting Official, Penalty. 

256. License, Revocation. 

257. Catching Mussels, License, Application, 

Penalty. 

258. Undersize Mussels, Penalty. 

259. Mussels Preserves, Penalty. 

260. Mussels Caught, Report, Seizure, Terms 

Defined. 

261. Process, Service, Prosecution, etc. 

262. Permits or Certificates for Scientific Pur- 

poses, Bond, Fees. 

263. Penalty, Separate Oflense. 

264. State's Attorney, Prosecutions, Fines, Pay- 

ment. 

265. Limitation. 

266. Sheriffs, etc.. Duty. 

267. Report. 

268. Repeal. 



PURE FOOD. 



Appointment of Food Commissioner and 

Bstablshment of Food Department. 
Powers of Commissioner and Inspectors. 
Refusal to Assist Inspectors. 
Samples, Procedure. i^ 
Adulterated or Misbranded Food. 
Evidence. 



275. Food Defined. 

276. Adulteration Defined. 

277. Misbranded Defined. 

278. Condemnation and Confiscation of Illegal 

Foods. 

279. Vinegar, Branding. 

280. E.xtracts, Labeling. 



CONTENTS— Concluded. 



Paragraph. 

281. Baking Powder, Labeling. 

282. Adulterated, Spirituous, Malt or Vinous 

Liquor. 

283. Mutilating Label. 

284. Unclean and Unwholesome Milk. 

285. Milk Cans, Washing. 

286. Impure or Unclean Milk or Cream. 

287. Skim Milk, Cans, Labeling. 

288. Measuring Milk and Cream Standard. 

289. Testing Apparatus, License. 

290. Babcock Test, Reading. 

291. Preservati'-es, Sale. 

292. Vehicles, Marking. 

293. Illegal Lard. 

294. Lard Substitutes. 

295. Imitation or Substitute for Lard. 

296. Process Butter, Sale. 



Paragraph. 

297. Process Butter, Branding. 

298. Illegal Foods, Seizure. 

299. Search Warrants. 

300. State's Attorney, Duty. 

301. State Board of Health. 
302 State Analy.st, Certificates. 

303. Shift or Device. 

304. Master's Liability. 

305. Penalties, License Fees, Proceeds, Payment 
308. Label Size or Type. 

307. Rules and Regulations. 

308. Standards of Purity and Strength. 

309. Illegal Foods, Sale. 

310. Eggs. 

311. Preliminary Hearing. 

312. Penalty 

313. Judgment Capias. 



DAIRY CONTAINERS. 



314. Brand, Adoption 

315. Brand Device, Registration. 

316. Registered Brand Protected. 

317. Same. 



318. Brand, Defacing. 

319. Penalty. 

320. Enl'orcement of Act. 



COLD STORAGE. 



321. Terms Defined. 

322. License, Fee. 

323. , Unsanitary Conditions. 

324. Record, Reports. 

325. Inspection and Supervision. 

326. Storing Food Articles. 

327. LabeUng Food Articles, Evidence. 

328. Storing Food Articles, Duration, Removal 



329. 


Sale. 


330. 


Returned Goods, Sale. 


331. 


Rules and Regulations. 


332. 


Penalty. 


333. 


Construction of Act. 


334. 


Short Title. 


335. 


Repeal. 



IMMATURE VEAL. 



336. Calves under Four Weeks Penalty. 



SANITARY FOOD. 



337. 

338. 
339. 
340. 
341. 
342. 



350. 
351. 
352. 
353. 
354. 



Manufacturmg Establishments, Lighting, 343. 

Draining and Ventilating. 344. 

Unsanitary Condition Defined. 345. 

Sidewalks and Ceilings, Construction. 346. 

Doors and Screens. 347. 

Toilet Rooms. 348. 

Nuisance Defined. 349. 



Cuspidors. 

Expectorating, Penalty. 

Sleeping 'n Work Room. 

Contagious Diseases. 

Inspection, Reports, Prosecutions. 

Fines, Payment. 

Penalty. 



OLEOMARGARINE. 



365. 
366. 



367. 



368. 
369. 



376. 
377. 
378. 
379. 
380. 
381. 
382. 
383. 



Imitation Butter Defined. 

Coloring. 

Branding. 

Notice to Purchaser. 

Shipment, Marking. 



355. Unmarked Package, Possession. 

3.56. Unmarked Substance, Intentions. 

357. Actions Parties. 

358. Removing Marks. 

359. Penalty. 



BRANDING BUTTER. 



360. Renovated Butter, Sale. 

361. Renovated Butter Branding. 

362. Commissioner's Duty, Costs. 



363. Penaltj\ 

364. Commissioner's Powers. 



STOCK FOOD. 



Certificates, Requisites. 370. 

Concentrated Commercial Feeding StulT 371. 

Defined. 372. 
Term not to Include Wheat, "Mixed Feed". 373. 

etc. 374. 

Penalty. 375. 
Samples and Inspection, Penalty. 



Adulteration, Penalty. 
Commissioner's Duty. 
License, Fee. 
Exemption. 
"Importer" Defined. 
Judgment, Costs. 



PAINTS AND OILS. 



Paints, Labeling. 

Paint Defined. 

Labeling. 

Raw Linseed Oil, Sale. 

Pharmacopoeia Defined. 

Boiled Linseed Oil, Sale. 

Linseed Oil, Sale. 

Linseed Oil Compound, Sale. 



384. Violation Defined. 

385. rcupcfitini', Sale. 

386. Turpentine, Marking. 

387. Turponluie Substitutes, Sale. 

388. Violation Defined. 

389. Enforcement of Act. 

390. Penalty. 



INDEX. 



DEPARTMENT OF AGRICULTURE.^ 



I. ORGANIZATION AND MANAGEMENT. 

1. Executive Officers. 

The Department of Agriculture is composed of executive and non- 
executive officers. The executive officers are: a Director, an Assistant 
Director, a General Manager of the State Fair, a Superintendent of Foods 
and Dairies, a Superintendent of Animal Industry, a Superintendent of 
Plant Industry, a Chief Veterinarian, a Chief Game and Fish Warden and a 
Food Standard Commission, consisting of the Superintendent of Foods and 
Dairies and two food standard officers, one of whom to be a representative 
of the Illinois food manufacturing industries and the other to be an expert 
food chemist of known reputation. (Sees. 4, 5, 7, Code.) 

2. Non-Executii-e Officers. 

The advisory or non-executive officers are: Fifteen persons as a Board 
of Agricultural Advisors, composed of persons engaged in agricultural indus- 
tries, including representatives of the agricultural press and of the State 
Agricultural Experiment Station; and nine persons as a Board of State 
Fair Advisors. (Sees. 5, 6, 7, Code.) 

3. Seal. 

Departments are required to adopt and authenticate their acts by an 
official seal. (Sec. 19, Code.) 

.'/. Central and Branch Offices. 

Each department is required to maintain a central office at the Capitol. 
Branch offices for the conduct of a particular function of the department 
may be established and maintained at other places by the Director with 
the approval of the Governor. (Sec. 17, Code.) 

5. Employees. Ciinl Service. 

From thoge who are in the classified civil service of the State on July 
1, 1917 in the office, board, commission or institution coming under the 
supervision and control of the department, each employee is to be assigned 
to a position in the department, having so far as possible duties equal to 
his former office or employment, provided no more are employed than are 
necessary to the proper performance of the functions of the department. 
(Sec. 24, Code.) 

Departments have power, subject to civil service law's, to employ all 
other necessary employees and fix their compensation, when their compensa- 
tion has not been theretofore determined by law. (Sec. 20, Code.) 

6. Rules and Rrgvlations. 

It is the duty of the Director to prescribe rules and regulations for the 
government of his department, the conduct of its employees, the distribution 
and performance of its business and the custody, use and preservation of 
the property, records and documents. (Sec. 16, Code.) 



1 The State Board of Agriculture is abolished reports of the same," approved June 23, 1883, iu 

by the repeal of "An Act to revise the law in rela- force .July 1, 1883; which repeal is not to take effect 

tioa to the department of agriculture, agricultural until .laiiuary 1, 1919 (Sec. 65, Code), 
societies and agricultural fairs, and to provide for 



10 

7. Cooperation, Coordination and Efficiency. 

The Director is to devise a practical system of cooperation and coordina- 
tion of the work of the department to eliminate all duplication and over- 
lapping of functions, and to economize, whenever practicable, in the use of 
quarters and equipment. With the consent of the superior officer of the 
employee, the Director may require an employee of another department to 
perform any duty that is required of his own employees. (Sec. 26, Code.) 

8. Moneys, Disposition. 

All State funds or moneys received by a department must be turned 
over to the State treasury within ten days of receipt, without any deduction 
whatsoever. (Sec. 27, Code.) 

.9. Expenditures. 

Departments are forbidden to make expenditures except in consequence 
of an appropriation duly made and upon the warrant of the Auditor of Public 
Accounts. (Sec. 27, Code.) 

JO. Reports. 

In addition to the semi-annual and biennial reports provided for by the 
Constitution, the Director is required to make on or before December annu- 
ally to the Governor, and whenever otherwise requested, written report 
concerning the condition, management and financial transactions of the 
department. (Sec. 25, Code.) 

II. POWERS AND DUTIES. 
11. Generally. 

This department is vested with the power to 

Prevent fraud in the manufacture and sale of fertilizers; 

Promote and improve the methods of conducting agriculture, horti- 
culture, live stock industry, dairying, poultry, bee keeping, forestry, 
fishing, the production of wool and other allied industries; 

See that the places where live stock is confined, housed or fed, such 
as stockyards, breweries, distilleries and like places, are properly 
cared for; 

Collect and publish statistics relative to production and marketing 
of crops, beef, pork, poultry, fish, mutton, wool, butter, cheese and 
other agricultural products; 

Encourage the planting of trees, shrubs and improvement of farm 
homes; 

Manufacture biological products for distribution at cost to live stock 
producers; 

Investigate the causes and the means of prevention- and cure of 
contagious, infectious and communicable diseases among domestic 
animals; 

Preserve, distribute, introduce and restore fish, game birds and 
other wild birds; 

Have the custody of and maintain the fair grounds, buildings and 
property, and police the same; 

Hold annual State fairs, and adopt rules and regulations governing 
the same; 

Promote the organization of farmers' institutes, horticultural and 
agricultural societies, hold fairs, stock shows and other exhibits 
and see that moneys appropriated for them are faithfully applied; 
and 

Generally to exercise the rights, powers and duties vested in the 
following former officers, boards and commissions: Live Stock 
Commissioners (except under the act regulating the practice of 
veterinary, medicine and surgery); State Veterinarian; Stallion 
Registration Board; Inspector of Apiaries; Game and Fish Com- 
mission; State Food Commissioner; and State Entomologist. 
(Sec. 40, Code.) 



11 

J2. Live Stock f Commissioners) . 

The duties of the former Board of liive Stock Commissioners and the 
State Veterinarian^ now devolved upon this department with reference to 
domestic animals are to 

^Investigate all cases, or alleged cases, of communicable diseases 
among domestic animals within this State; 

Prevent the spread of^ communicable diseases and provide for the 
extirpation thereof; 

Order strict quarantine of diseased animals, or such as have been 
exposed to contagion after examination has been made pursuant to 
notice of owner or person having charge of animals whose duty 
it is to notify State officers of suspected cases; 

Prescribe quarantine regulations sufficient to prevent infection; 

^Order the slaughter of diseased or exposed animals to prevent infec- 
tion or spreading of the disease; 

Order the destruction of infected barns, stables, premises, fixtures, 
furniture, and personal property when the same cannot be prop- 
erly disinfected; 

Order disinfection of cars, boats, or other conveyances used in trans- 
porting animals, having or being exposed to communicable dis- 
eases; 

Order the distinfection of yards, pens and schuts used in handling 
diseased or exposed animals; 

Agree with owner upon the value of the animals or the property 
to be destroyed, or appoint three disinterested appraisers to ap- 
praise the animals or property in case no agreement be possible; 

Destroy infected animals or property when owner fails to destroy 
them (Sec. 2, Animals' Contagious Diseases Act); 

''Report to the Governor existence of communicable diseases among 
domestic animals in the particular municipality, district or in 
any other state, province or country, and the necessity for quar- 
antine under proclamation (Sees. 3 and 4, Ibid.); 

'Prescribes rules and regulations for the filing of claims arising 
from the slaughter of animals and determine amount to be 
allowed (Sec. 8, Ibid.); 



2 The scope of the State Veterinary Act of May officer acting thereunder will be restricted to some 

31, 1881, as amended in 1883, is fully covered by the particular condition or emergency in respect to 

Live Stock Commissioners' Act of June 14, 1909, as the live stock of the State, Pierce v. Dillingham 

amended in 1915. The Veterinary Act is repealed (1903), 203 III. 148, 156, 157. 

because (1) the Live Stock Commissioners' Act is The report to the Governor is justified only 
general, deals with the whole subject of contagious when contagious or infectious diseases become 
diseases and is a later act; (2) no legislative atten- epidemic; and the report must state that a partic- 
tion has been given the Veterinary Act since 1883; ular disease exists in an epidemic form ia a certain 
and (3) the only reason for its existence up to now locality, that the stock in question come from that 
was its provision for the appointment of a State locality where the disease is epidemic, or that the 
Veterinarian, which reason no longer exists on cattle are in fact affected with it or that their con- 
account of the abolishment of that office. dition is such that it might render them liable to 

'<' In so far as this act permits the investigation convey the disease. Pierce v. Dillingham (1903), 

of animals suspected of being alTected with danger- 203 111. 148, 158, 162. 

ously contagious and infectious diseases of a com- ' Rules and regulations made to effectuate the 

municablc character and provides a summary purpose of the act must conform to fundamental 

method for their killing it is a valid exercise of the principles of constitutional legislation. Pierce v. 

police power of the State. Durxnd v. Dyson Dillingham (1903), 203 lU. US, 164. 

(1916), 271 111. 382, 390. Officers or agents who are charged with the 

* Contagious disease means one communicable enforcement of government rules and regulations 

by contact. Pierce v. Dillingham (1903), 203 111. have no power to relieve from the obligation to 

148, 158. obey them. Thus an inspector of the Bureau of 

^ Authority to kill or destroy is given only in Animal Industry is not authorized to permit the 

cases of contagion or infection; and when ques- substitution of crude petroleum for Beaumont 

tioned in an action for damages, the officer who had crude petroleum in which to dip horses affected 

ordered the killing or destroying of animals on with the tick, under rules and regulations of the 

account of their contagious or infectious character Department of Agriculture specifying Beaumont 

has the burden of establishing affirmatively the crude petroleum to be used, unless another method 

actual existence of the disease or the exposure: he is approved by the Secretary of Agriculture, and 

cannot rely merely upon having acted in good no such approval is obtained; it being shown that 

faith, having had rea.sonable grounds for the belief the pores and the skins of horses and those of cattle 

of the existance of the disease or in the exposure differ, Chanuto oil closing the pores in the skins of 

and having made an honest and careful investiga- horses thereby obstructing the operation of the 

tion to the best of his ability. Pearson v. Zehr sweat glands and causing disease in the kidneys, 

(1891), 138111. 48, 51. whicheffect does not follow the use of such oil upon 

s Section 4 of the Animals' Contagious Diseases cattle. McGiUon v. St. I.ouis National Stoc^- 

Act is penal in its nature and the power of the Yards (1912), 254 111. 178, 182-184. 



1? 

Call on sheriffs and their deputies, constables, police officers, mayors, 
town marshals, and policemen for assistance to carry out pro- 
visions of the act (Sec. 9, Ibid.); and 

Cooperate with similar commissioners or officers of the United 
States in ihe suppression of contagious or infectious diseases 
among domestic animals (Sec. 10, Ibid.); 

Prescribe rules and regulations for the cleaning and disinfecting of 
cars or quarters used in transporting cattle from scheduled terri- 
tory on account of the splenic or Texas fever (Sec. 2, Texas 
Fever Act) ; 

Prosecute, through State's attorneys, violations of the Texas Fever 
Act (Sec. 5, Ibid.); 

Inspect animals intended for human food and suspected of being 
afflicted with contagious or infectious disease; 

Take possession and control of animals found to be afflicted with 
contagious or infectious diseases, notify their owner, cause the 
killing of the animals, examine the carcasses after the killing and 
mark tags or labels ''inspected and condemned," if carcasses are 
unfit for human food; 

Provide for accounting for the proceeds of carcasses found to be 
safe and sold for food purposes (Sec. 2, Meat Inspection Act). 

13. Stallion Registration. 

* The Stallion Registration Act, vesting certain powers and duties in the 
former Stallion Registration Board, is repealed by a similar act of 1917, 
under which the Department of Agriculture has the following powers and 
duties, namely, to 

Enroll stallions for public service in this State (Sec. 1); 
Issue stallion license certificates, upon owner's or licensed veter- 
inarian's affidavit that stallion is free from hereditary infectious, 
contagious or transmissible disease or unsoundness (Sec. 2); 
Collect an examination and enrollment fee of $2.00, an annual or 

renewal fee of $1.00 and transfer fee of 50 cents (Sec. 7); 
Keep records of enrolled stallions indicating whether stallion be 

"pure brood" or "grade," etc. (Sec. 4); 
Hear complaints and revoke licenses (Sec. 9); 
Prescribe forms for license certificates (Sec. 6); 

Report annually to the Governor concerning the department's activi- 
ties under this act and financial condition (Sec. 12). 

i//. Stock Breeding. 

Upon the filing of a verified statement, giving the name, age, description, 

pedigree and the terms and conditions under which the sire is advertised 

for service, the 

Secretary (or the officer acting in his place under the new organiza- 
tion) of the Department of Agriculture is required to make two 
certificates reciting the specific information contained in said 
statement and stating that the law has been complied with; to 
issue one certificate to the owner for posting and a copy to be filed 
with clerk of the county where the sire is located; for which 
certificate a charge of $2.00 is authorized. (Sees. 1, 2, and 6 
Stock Breeders' Act.) 
Department of Agriculture is to prepare annual reports containing 
data of special interest to live stock breeders and copies of certifi- 
cates of pedigree and advise the Superintendent of Printing' of 
the number of reports required. (Sec. 7, Ibid.) 



* In 1915 tho Board of Com-nissioners of state state contracts bsLne; placed in the hands of a 
Contracts and the ofRce of Printer Expert were Supjriiitendont of Printing and the Governor, 
abolished, the entire regulations and control of (L. 1915, p. 671.) 



13 

15. Apiaries, Inspector of. 

The powers and duties devolved upon the former State Inspector of 
Apiaries are to 

Inspect any apiary believed to be infected by foul brood or other 
contagious disease; 

Notify in writing the owner or occupant of the infected premises 
concerning the exact condition found to exist and order its abate- 
ment within a specified time, according to printed directions 
served personally or by mail with the notice; 

Abate the nuisance if the owner or occupant fails to comply with 
notice and order; 

Certify the cost of abatement and enforce payment if not paid within 
60 days (Sec. 2, Apiaries Act); 

Annually in December report to the Governor and also to the Illinois 
State Bee Keepers' Association the number of apiaries visited, the 
number of those diseased treated, the number of colonies of bees 
destroyed and the expense incurred (Sec. 3, Ibid.). 

16. Game and Fish. 

The general and specific powers and duties vested by the Game and Fish 
Act in the former State Game and Fish Commission are to 

Conserve and propagate the game, wild fowl, birds and fish of the 
State; 

Secure the enforcement of all of the State laws for the preservation 
and propagation of fish and game; 

Prosecute in the name of the people of the State all actions for 
violation or penalties (Sees. 1, 59, 61, Game and Fish Act); 

Provide blank applications for hunting license permits to ship 
game, stating name, age, occupation, place of residence and num- 
ber of hunting license, that the game is not to be shipped for 
commercial purposes and will be consigned to one destination only; 

Issue permits to ship, etc., upon application expiring the succeeding 
April and collect a permit fee of $1.00 (Sec. 9a, Ibid.); 

Grant certificates to be in force until June first following issue, 
authorizing the collection of birds and their nests for strictly 
scientific purposes and collecting a fee of $5.00 for the privilege 
(Sec. 14, Ibid.); 

Grant upon application and bond certificates expiring June following 
date of issue, giving a right to breed and sell game and fish for 
propagation and scientific purposes, for which a license fee of 
$2.00 is authorized (Sec. 59a, Ibid.); 

Make affidavit or complaint before a justice of the peace for search 
warrant to seize game, deer, wild fowl or birds, held unlawfullv 
(Sec. 16, Ibid.); 

Provide blank applications to municipal authorities for hunting 
license, stating name, age, occupation, residence, place of birth, 
date of declaration of intention to become citizen or of naturaliza- 
tion papers and name of court issuing them if an alien or 
naturalized citizen, and similar information concerning naturaliza- 
tion of parents, if applicant is a minor (Sec. 21, Ibid.); 

Establish game and bird reservations or refuges for protection and 
propagation of game, lease land for such purpose and plant not 
to exceed five acres for each one thousand acres' reservation 
suitable grain for bird and game food (Sec. 21a, Ibid.); 

Furnish to the municipal authorities a uniform metal tag for fishing 
boats to be issued to those obtaining fishing licenses (Sec. 23, 
Ibid.); 

Seize and dispose of contraband fish, or fish that are of illegal 
kinds, sizes, or weights, or game unlawfully caught, taken or 
killed, etc. (Sees. 24, 48, Ibid.); 



14 

Set aside waters as State Fish Preserves, post and publish notices 
to that effect, and issue permits to take fish of a designated kind 
(Sec. 25, Ibid.); 

Select suitable locations for State fish hatching and breeding estab- 
lishments; 

Promote the propagation and increase of native and the introduction 
of new varieties of food fish into the waters of the State; 

Employ a practical and competent fish culturist (Sees. 25, 46, Ibid.); 

Seize under weight or under size fish and donate to public or chari- 
table institutions (Sec. 42a, Ibid.); 

Seize mussels unlawfully caught and unlawful devices used (Sec. 
58, Ibid.); 

Seize any unlawful devices for taking or killing fish and report the 
information to proper State's attorney (Sec. 47, Ibid.); 

Determine whether or not a fishway will endanger the permanent 
durability of a dam or impair its usefulness; 

Notify owner to repair or construct a fishway and in case of failure, 
let contract for its construction and sue for costs; 

Issue certificate that fishway is properly constructed or kept in 
repair (Sec. 49, Ibid.); 

Inspect and examine any fish whenever found in the State and to 
open boxes, barrels, or other packages for the purpose of inspec- 
tion or examination (Sec. 52, Ibid.); 

Revoke license for violation of provisions of the act (Sec. 54, Ibid.) ; 

Keep a record of all licenses issued by the municipal authorities to 
, fish or hunt game (Sec. 55, Ibid.); 

Prescribe areas from which mussels shall not be taken between cer- 
tain periods, not to exceed five years; 

Publish all orders affecting mussels (Sec. 57, Ibid.); 

Furnish blanks for owners for licenses to catch or kill mussels to 
make written report stating the total weight of mussels taken, 
caught or killed, the names and locations of the waters in which 
this was done and the amount received for shells sold (Sec. 58, 
Ibid.); 

Serve and execute all warrants and legal process issued by justices 
of the peane, magistrates or courts; 

Arrest on sight without warrant any person violating the pro- 
visions of the Game and Fish Law; and 

Make proper complaint in case of violation of law (Sec. 59, Ibid.). 

. i7. Food (Covimissi07ier). 

Under the Pure Food Law of 1907 as amended in 1915 and also in 1917, 
the State Food Commissioner is required to 

Issue bulletins of information whenever the interests of the State 
demand it; 

Make analyses and examinations for the State charitable institu- 
tions (Sec. 1) ; 

Examine raw material used in the manufacture of food products to 
determine whether filthy, decomposed or putrid substances are 
used in their preparation; 

Examine all premises, carriages or cars where food is manufactured, 
transported, stored, or served to patrons to determine the sanitary 
condition only and take samples of raw material and finished 
products found therein; 

Open any package," can or vessel containing any article manufac- 
tured, sold or exposed for sale in violation of law, inspect the 
contents thereof, and take samples therefrom (Sec. 2); 

•A package of a canning compound manufac- the doctrine of "original package." People T. 

tured in another state enclosed in an envelope or Price (1913), 257 111. 587, 595, aff'd in Price v. 

covering and sold in this State for domestic use as People (1915) 238 U. S. 446, 455. 
a preservative is not an original package within 



15 

Select two of sealed or unbroken packages or divide into two equal 
parts goods in bulk or broken package, identify them as samples 
in the presence of the person from whom the samples are taken, 
mark and seal each half or part of the sample with a paper seal, 
number each sample with the same number, write the name of 
the person taking the sample and the name of the dealer, have the 
person from whom the sample was taken write his name, at the 
same time give notice to him that the sample is obtained for 
examination by the State Food Commissioner tendering to him 
the value of the part to be taken, deliver to him the other part; 
take or send properly packed and boxed the part of the sample 
taken to the State Entomologist or other person for examination 
or analysis (Sec. 4); 

Provide blanks, examine applicants and issue or revoke license to 
operate milk or cream testers, the license to run for two years and 
a fee of $1.00 to be collected and paid over to the State Treasurer 
(Sec. 20a); 

Furnish proper receptacles for mailing or expressing milk or cream 
tests of milk, etc., produced on a butter fat basis; 

Make analyses of all samples of milk or cream taken from pro- 
ducer's factory; 

Mail monthly on the 8th to the producer and on the 15th to the 
buyer the result of analyses (Sec. 21, as amended by act approved 
June 25, 1917, in force July 1, 1917) ; 

Seize, if necessary without warrant, any article of food suspected to 
be adulterated'" or misbranded, make an inventory thereof, give a 
copy of same to dealer, tag the article, notify the dealer to hold 
same until further notice, cause article to be examined, and con- 
duct hearing if article be found to be adulterated or misbranded 
(Sec. 29); 

Inspect egg breaking establishments and equipment, ascertain if 
they comply with sanitary laws, rules and regulations, certify to 
the State Treasurer that they are entitled to license for the 
purpose of collecting fee, and issue license upon payment of said 
fee; 

Approve identification "strips" to be used for sealing of cases of 
"breaking stock" of eggs packed for shipment; 

Furnish egg breaking establishment identifying establishment num- 
ber and promulgate rules prescribing manner of placing same on 
containers (Sec. 39b); 

Serve notice and copy of findings by registered mail upon party 
from whom samples of food have been taken and found to be 
contrary to law, the notice to specify the date, hour and place of 
hearing; 



1" The word "adulterated" used in the title conceded, is binding upon the courts. People v 

of the Pure Food Law includes the "adulteration" Price (1913), 257 111. 587, 594; aff'd in 238 U. S. 446 

of an article manufactured contrary to the provi- 452. 

sions of the act, although the article is not in itself The mixing or combining of sugar vinegar and 

harmful. People v. Henning Co. (1913), 260 111. distilled vinegar in substantial proportions which 

554, 564. results in a color similar to that of cider vinegar 

It is not alone the particular method of adulter- constitutes an adulteration within the meaning 

ation that existed at the time of the passage of the of section 11 of the Pure Food Law, notwithstand- 

act, but any method of adulteration which is liable ing the proper labeling of the mixture. People r. 

to mislead the public is prohibited by the statute. Henning Co. (1913), 260 111. 554, 558, 561. 

People V. Henning Co. (1913), 260 111. 554, 558. The phrase "shall not be colored in imitation 

Boric acid is by section 8 of the Pure Food of cider vinegar" means a conscious imitation, in 

Law declared unwholesome and injurious to health the manufacture, of the article forbidden. People 

and cannot be used as an added ingredient to foods, v. Henning Co. (1913), 260 111. 554, 560. 

and under section 22 of said act it also must not be The sale of unwholesome preservatives are 

made a part of any compound to be sold as a food within the legitimate scope of the title of this act. 

preservative. People v. Price (1913), 257 111. 587, People v. Price (1913), 257 111. 587, 595. 

593, aff'd in 238 U. S. 446, 451. The proper labeling of an adulterated article 

The legislative declaration that boric acid is does not take that article out of the operation of 

unwholesomeandinjurioustohealth, although the the Pure Food Law. People v. Henning Co. 

Injurious nature of boric acid is not universally (1913), 260 111. 554, 558. 



16 

"Prosecute all violations of act after that fact has been ascertained 
at a private hearing pursuant to notice (Sec. 40); 

Make rules and regulations for carrying out provisions of the Pure 
Food Law (Sees. 38, 39b and 40). 
With reference to the Sanitary Food Law, the State Food Commis- 
sioner is required to 

Prescribe rules and regulations for hearings of violations of said 
law; 

Enter and inspect premises and all utensils, fixtures, furniture, and 
machinery used for the production, preparation, manufacture, 
packing, storage, sale, distribution or transportation of food; 

Issue written order to the person or corporation violating act to 
abate within reasonable time the condition or violation, or make 
changes or improvements to abate the same; 

Serve notice of order to abate by delivering or sending copy thereof 
by registered mail; 

Rescind, confirm or amend orders issued to abate conditions or 
violations after hearing pursuant to notice, enter final order and 
serve notice of such order when parties fail to appear; 

Certify to proper State's attorneys failure to comply with final order 
to abate nuisance (Sec. 11). 
By the provisions of the Stock Food Law, the State Food Commissioner 
is required to 

Receive copies of statements of concentrated commercial feeding 
stuffs required to be filed annually in December (Sec. 1, Stock 
Food Law) ; 

Enter premises where feed stuffs for commercial feed are sold, take 
samples, not to exceed two pounds, place same in a suitable vessel, 
attach label giving the name or brand of the feed stuffs or material 
sampled, the guaranty, the name of the manufacturer, importer or 
dealer, the name of the person, firm or corporation from whom 
the sample is taken, the date and place of taking it, and signed 
as State Food Commissioner or Deputy — which sample must be 
taken in duplicate, whenever request for same be made, carefully 
sealed and signed in the presence of the person interested, one to 
. be retained by the person whose stock is sampled; 

Cause to be made annually at least one analysis of each feed stuff 
collected and furnish the result of the analysis and other informa- 
tion of value regarding same to the Agricultural Experiment Sta- 
tion for publication in their bulletins or special circulars (Sec. 
5, Ibid.); 

Issue annual certificate or license to manufacturer, importer or 
dealer in concentrated commercial feeding stuffs (Sec. 8, Ibid.); 

Prosecute violations of this act and employ experts to assist in 
such prosecution (Sees. 7 and 8, Ibid.). 

18. Cold Storage Warehousing. 

In the enforcement of the "Uniform Cold Storage Act," the Department 
of Agriculture is required to 

Issue cold storage license upon written application, an examination 

of warehouse and payment of $2.5 ^ee (Sec. 2): 
Receive on or before the 5th of each montli detailed reports from 
cold storage warehouses giving quantity of food stored and show- 
ing condition; 
Summarize such reports for public inspection (Sec. 4); 
Inspect food articles, supervise cold storage warehouses and appoint 
inspectors (Sec. 5) ; 

11 The intonlional imitation is the gist of the produced by the addition of dye or bv mixing of 
action of debt for a violation of section 11 of the two ingredients. People v. Henning Co. (1913), 
Fure Pood Law, whether such an imitation is 260111.554 560 



1-7 

Prescribe forms for marking foods offered for storage (Sec. 6); 
Pass upon application for extension of time to Iveep food articles 

in storage; 
Order the removal for designated purposes food articles stored 

(Sec. 8); 
Prescribe rules and regulations for the enforcement of the act 

(Sec. 11). 

19. Entomologii. 

Under the San Jose Scale Act which, except section 6. is in force, the 
State Entomologist is required to 

Inspect at least once a year between Julj' 1 and September 15 nur- 
series and nursery premises in the State of Illinois, except florists' 
greenhouse plants and stock, to determine whether they are 
infected by dangerous insects or plant disease; 

Issue certificate of inspection to be effective one year stating that 
the nursery and premises are apparently free from dangerous 
insects and plant disease, if facts warrant the same; 

Prescribe such precautionary measures as the condition of the nur- 
sery may require; 

Revoke by Avritten notice certificate of inspection for violation of 
act; 

Send annually not later than July 1 to all nurserymen in the State 
a list of official inspectors of other states and foreign countries 
wliose inspection certificates may be accepted in this State for 
one year from date thereof; 

Receive and approve or pass upon sworn statements made by foreign 
nurserymen that their nursery stock had been duly inspected and 
were received with a A^alid official certificate, of inspection or 
fumigation, and notify parties of approval or disapproval of state- 
ment; 

Inspect foreign nursery stock upon disapproval of statement of 
foreign nurserymen and issue certificate of inspection if found 
apparently free from dangerous insects and plant disease (Sec. 1, 
San .lose Scale Act); 

Inspect any nursery, orchard, fruit plantation, or other property or 
place in this State suspected to be infected by dangerous insects 
or plant disease and notify in writing the owner or occupant of 
the premises of the existence of the nuisance, including with such 
notice and served personally or by registered mail written direc- 
tions explaining how to abate the nuisance and an order that the 
same be abated within a reasonable time; 

Abate nuisances when the owner or occupant has been ordered but 
has refused to abate them and certify to such owner the costs of 
the same, and if not paid within sixty days bring an action for . 
said costs (Sec. 2, Ibid.); 

Inspect orchards or other fruit plantations upon request of owner 
and agreement to pay expenses of same, and issue certificate to 
him (Sec. 4, Ibid.); 

Furnish the State's attorneys information concerning violation of 
act (Sec. 5, Ibid.). 
Under the Plant Inspection Act, the Department of Agriculture is 
required to 

Make annual inspection between July 1 and September 15 of all 
nurseries and nursery stock (Sees. 3, 6); 

Issue not later than October first, upon payment of inspection 
expenses, certificates of inspection and prescribe their uses (Sees. 
6, 7); 

Inspect orchards, fruit or garden-plantation, field, park, cemetery, 
private premises or public places infested by insects, pests, or 
plant diseases (Sees. 4, 17); 
— 2 A G I 



18 

Inspect or reinspect nursery stock shipped into this State (Sec. 4); 

Prescribe precautionary measures to abate pests or plant diseases 
(Sec. 7); 

Approve agent's or dealer's certificates, upon filing affidavit (Sees. 
9, 10); 

Mail annually not later than July first to all nurserymen in this 
State a list of the ofl!icial inspectors ot other states and foreign 
countries (Sec. 14); 

Notify the owner of affected premises to abate nuisances w'ithin a 
specified time according to prescribed methods, and upon owner's 
failure to comply, eradicate the disease (Sec. 16); 

Make inspections upon application of a municipality or of a florist 
and an agreement to pay expenses (Sees. 17. 18) ; 

Quarantine from insect pests or diseases existing in localities out- 
side of this State (Sec. 19); 

Quarantine from insect pests or diseases prevailing in this State 
(Sec. 20); 

Require owners or lessees of premises infested by insect pests or 
diseases to arrest or prevent same (Sec. 21); 

Prescribe rules and regulations for review of the department's action 
(Sec. 22); 

Furnish State's attorneys or the Attorney General information con- 
cerning violation of act (Sec. 23). 

20. Commercial Fertilizers. 

" Under the act to prevent fraud in the manufacture and sale of commer- 
cial fertilizers, the 

Secretary (or ofl5cer acting in his place under the Administrative 
Code) of the Department of Agriculture is required to keep on 
deposit a certified copy of the certificate required to be printed 
and affixed to every package of fertilizer of the size of one ton 
selling for over $5.00, showing the number of net pounds in the 
package, the name of the manufacturer and his trade mark, the 
place of manufacture, and a chemical analysis stating the per- 
centage of nitrogen and of phosphorus as well as the total 
phosphorus; 

Secretary is also to keep on deposit a sealed glass jar containing 
not less than one pound of fertilizer accompanied by an affidavit 
that it is a fair average sample (Sees. 1 and 2 Commercial Fer- 
tilizers' Act) ; 

Department of Agriculture is required to direct all analyses of com- 
mercial fertilizers, making at least one analysis annually, pay 
for the work out of license fees and publish an annual report of 
all analyses made, certificates filed, moneys received from license 
fees and fines and moneys expended for analyses and publication 
of report (Sees. 4 and 7, Ibid.); 

Department of Agriculture is authorized to select from any package 
of commercial fertilizers exposed for sale not to exceed two 
pounds for analysis (Sec. 8, Ibid.); 

Treasurer (or person acting in his place) of the Department of 
Agriculture is authorized to receive on or before May first an 
annual license fee of $25.00 from manufacturers, importers or 
agents of commercial fertilizers offering for sale fertilizers in 
packages of more than $5.00 per ton. He is also required to pay 
over into the State treasury surplus remaining in his hands from 
license fees and fines (Sees. 3 and 6, Ibid.); 

Attorney Geneal is authorized to bring all suits for the recovery of 
fines (Sec. 9, Ibid.). 



19 

21. Non-Executive Duties. 

The general powers and duties of the advisory and non-executive officers 
are to 

Consider and study the entire field of the particular department; 
Advise the executive oflicers of the department upon their request; 
Recommend policies and practices upon their ow'n initiative; 
Make recommendations and render advice to the Governor and to 

the General Assembly; 
Investigate the conduct of the work of the department; 
Adopt rules; 

Hold at least quarterly meetings; 
Notify the Governor and the Director of the department of the time 

and place of all meetings, and permit them to be present; and 
Keep public minutes, to be filed with the Director (Sec. 8, Code). 



20 



LAWS. 

STATE HORTICULTURAL SOCIETY. 

"Ax Act to reorganize the ' Illinois State Horticultural Society. Appi'oved 
March 2.'i. 187',, in force July 1, 1S7.',. R. S. 187.',, p. 133. 

22. Public Corporation. 

Section 1. Be it enacted by the People of th6 State of Illinois, repre- 
sented in the General Assembly: That the organization heretofore cliartered 
and aided by appropriations, under the name of the Illinois State Horti- 
cultural Society, is hereby made and declared a public corporation of the 
State. 

23. Organization. 

Sec. 2. The Illinois State Horticultural Society shall embrace, as herein- 
after provided, three horticultural societies, to be organized in the three 
horticultural districts of the State, which shall be known as the Horticultural 
Society of Northern Illinois, now operating in the counties of Bureau, Boone, 
Cook, Carroll, DuPage, DeKalb, Henry, Grundy, JoDaviess, Kane, Kendall, 
Kankakee, Lake, Lee, LaSalle, McHenry, Ogle, Putnam, Rock Island, Stephen- 
son, Whiteside, Winnebago and Will (23); the Horticultural Society of Cen- 
tral Illinois, operating in the counties of Adams, Brown, Cass, Champaign, 
Christian, Coles, DeWitt, Douglas, Edgar, Fulton, Ford, Iroquois, Hancock, 
Henderson, Knox, Logan, Livingston, McLean, McDonough, Marshall, Mason, 
Mercer, Menard, Morgan, Macon, Moultrie, Peoria, Pike, Piatt, Sangamon, 
Shelby, Schuyler, Scott, Stark, Vermilion, Tazewell, Warren, Woodford, (38); 
and the Horticultural Society of Southern Illinois, operating in the counties 
of Alexander, Bond, Clark, Clay, Crawford, Calhoun, Cumberland, Clinton, 
Edwards, Effingham, Fayette, Franklin, Greene, Gallatin, Hamilton, Hardin, 
Jasper, .lefferson, .lersey, Jackson, Johnson, Lawrence, Madison, Macoupin, 
Marion, Monroe, Montgomery, Massac, Perry, Pope, Pulaski, Richland, Ran- 
dolph, St. Clair, Saline, Union, Wayne, White, Washington, AVilliamson and 
Wabash, (41). 

2J,. Executive Board. 

Sec. 3. The affairs of the Illinois State Horticultural Society shall be 
managed by an executive board, to consist of the president and secretary of 
said society and the president and one vice president from each of the three 
district horticultural societies: Provided, that the eligible officers now elect 
of the Illinois State and district horticultural societies shall be the first 
members of the executive board created by this act, and shall hold their 
office until their successors are elected, as herein provided for. 

25. Powers, Meetings, Funds, etc. 

Sec 4. The executive board of the Illinois State Horticultural Society 
shall have the sole care and disposal of all funds that may be apportioned 
by the State of Illinois to sustain the Illinois State Horticultural Society, 
and shall expend the same in such manner as in their judgment will best 
promote the interest of horticulture and arboriculture in this State. They 
shall meet at Springfield on the second Tuesday after the first Monday in 
January, 1875, and biennually thereafter. They shall render to the Governor 
of the State a detailed statement of all funds received from the State and 



'2 The scope and present erfcet of this act is the same as the Farmers' Institute Act. 



21 

all other sources, which statement shall, also, include all expenditures made 
by them, and the specific objects, in detail, for which said sums were 
expended. They shall make no appropriations without having funds in hand 
to meet the same, and if any debt is created, the members of the board shall 
be held severally and jointly liable for the payment of the same; and in no 
event shall the State of Illinois be held liable or responsible for any debt, 
obligation or contract made by the Illinois State Horticultural Society, or its 
executive board. 

26. Election of Officers. 

Sec. 5. The Illinois State and the three district horticultural societies 
shall hold annual meetings, at which their officers for the ensuing year shall 
be elected. Within one month after the annual meeting of the district 
societies, they shall forward to the secretary of the executive board a report 
of their transactions, including a list of officers elected at such meeting. 
The executive board shall publish annually, at the expense of said society, 
a report of its transactions and such other papers as they may deem of value 
to horticulture and arboriculture. Four members of the executive board 
shall constitute a quorum for the transaction of business. 

27. District Societies. 

Sec. 6. Members of the several district societies shall be entitled to all the 
privileges of the members of the State society, except that of voting for 
officers. 

2S. By-Laws. 

Sec. 7. By-laws and rules that do not conflict with the laws of this State 
may be passed and enforced by the several societies herein mentioned. 

ILLINOIS FARMERS' INSTITUTE. 

"Ax Act creating the Illinois Farmers' Institute. Approved June 2fi. 1895, in 
force July 1, 189.5. L. 1895. p. 1. 

29. Public Corporation. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented' in the General Assembly : That to assist and encourage useful educa- 
tion among the farmers and for developing the agricultural resources of the 
State that an organization under the name and style of "Illinois Farmers' 
Institute" is hereby created and declared a public corporation of the State. 

SO. Delegates. 

Sec. 2. It shall consist of three delegates from each county of the State, 
elected annually at the farmers' institute for said county by the members 
thereof. 

31. Management. 

Sec. 3. The affairs of the Illinois Farmers' Institute shall be managed by 
a board of directors^* consisting of 

(1) State Superintendent of Public Instruction. 

(2) Professor of Agriculture of the University of Illinois. 

(3) President of the State Board of Agriculture. 



1 3 By subdivision 20, section 40 of the Admin- provisions of this character may be affected by the 

istrative code, the Department of Agriculture is General Appropriation Act). The second power 

required "to assist, encourage and promote the conflicts with the general scheme of the Adminis- 

organization of farmers' institutes, horticultural trative code and the powers vested by it in the 

and agricultural societies, the holding of fairs, fat Department of Agriculture. 

stock shows, or other exhibits of the products of n None of the members and officers, except 

agriculture." The act creating an "Illinois Far- the Superintendent of Public Instruction, nor the 

mers' Institute" specifies two classes of powers, one employees of the Illinois Farmers' Institute, arc 

in respect to the expenditure of appropriations and officers nor in the service of the State, and neces- 

the other concerning the holding of aiuiual public sarily are not subject to the State Civil Service 

meetings. The first power has been limited by Act. Farmers' Institute v. Brady (1915), 267 111. 

decision and legislative enactment (holding that 98, 102. 



22 

(4) President of the State Horticultural Society. 

(5) President of the State Dairymen's Association. 

And one member from each congressional district of the State, to be 
selected by the delegates from the district present at the annual meeting of 
this organization: Provided, that the members first selected from the con- 
gressional districts of even numbers shall serve for one year, and the mem- 
bers first selected from the congressional districts of odd numbers shall 
serve for two (2) years, and that the members selected thereafter to fill 
expired terms of office, shall serve for a period of two (2) years. 

S2. Directors, Poicers. 

Sec. 4. The board of directors of the Illinois Farmers' Institute shall have 
sole care and disposaP^ of all sums that may be appropriated by the State 
to sustain the organization, and shall expend the same in such manner as in 
their judgment will best promote the interests in useful education among 
farmers and develop the agricultural resources of the State. The Illinois 
Farmers' Institute shall make annual report to the Governor of its trans- 
actions, which report shall include papers pertaining to its work and ad- 
dresses made at the annual meeting of the organization, and a statement 
of all moneys received and all expenditures made, and fifty thousand (50,000) 
copies of such report shall be printed and bound in cloth on or before Sep- 
tember 1, of each fiscal year, three-fourths for use of the Illinois Farmers' 
Institute, and the remainder to the Secretary of State for distribution. It 
shall make no appropriation without funds in hand to meet the same, and 
the State of Illinois shall in no event be liable or responsible for debt, obli- 
gation or contract made by the Illinois Farmers' Institute or its board of 
directors. (As amended by act approved June 10. 1909, in force July 1, 1909. 
L. 1909, p. 5.) 

33. Annual Meeting. 

Sec. 5. There shall be held annually, under the direction of the board of 
directors, between October 1 and March 1 following, of each year, a public 
meeting of the delegates from county farmers' institutes and of farmers 
of this State at such time and place as may be determined by the board of 
directors of not less than three (3) days duration, which meeting shall be 
held for the purpose of developing the greater interest in the cultivation of 
crops, in the care and breeding of domestic animals, in dairy husbandry, in 
horticulture, in farm drainage, in improved highways, and general farm 
management, through and by means of liberal discussion of these and kindred 
subjects and any citizen may take part in these meetings, but only duly 
elected and accredited delegates from county farmers' institutes shall be 
permitted to vote in the election of the board of directors. 

SJf. Directors, Election and Duties. 

Sec. 6. The members of each new board of directors shall enter upon 
their duties the second Tuesday after their election and hold their offices for 
one or two years, as provided in section 3, or until their successors are elected 
and enter upon their duties. 

The board of directors shall have power to fill vacancies in the board. 
It shall organize by the election of a president, vice president, treasurer and 
secretary, who shall hold their offices for one year, their term of office to 
begin July 1, following their election. It shall employ such superintendents, 
speakers and clerks as may be deemed proper for organizing and conducting 
the work of the Illinois Farmers' Institute and provide for their compensa- 
tion by the rules of the board of directors. 

The secretary and the treasurer may be other than members of the 
board of directors. 

The salary of the secretary shall be two thousand dollars ($2,000) a 
year, payable in monthly installments. 



15 Section 4 of the act creating the Illinois requiring the board to furnish itemized bills show- 
Farmers' Institute and placing in llio hands of the ing expenditures of moneys. Farvurs' Institute 
board of directors all sums appropriated to it does v. Brady (1915), 267 III. 98, 102. 
not prevent the Legislature from subsequently 



33 

The Auditor of Public Accounts is hereby authorized to draw his war- 
rant on the State Treasurer monthly for the salary of the secretary of the 
Illinois Farmers' Institute, as herein provided, payable out of any fund in 
his hands not otherwise appropriated. (As amended by act approved May 
15, 1903, in force July 1, 1903. L. 1903, p. 4.) 

35. Quarters. 

Sec. 7. Rooms in the Capitol building shall be assigned to the officers 
of this organization by the proper authority, which shall then be under the 
control of the board of directors. 

36. By-Laivs. 

Sec. 8. The board of directors may make and enforce such rules and 
by-laws, not in conflict with the laws of this State, as will render its work 
most useful and efficient. 

37. Appropriations. 

Sec. 9. For the purpose mentioned in the preceding sections, said board 
of directors may use such sum as it may deem proper and necessary, not 
exceeding the amount appropriated therefor by the General Assembly, from 
the general fund for that purpose. Provided, further, That the 

(1) State Superintendent of Public Instruction. 

(2) Professor of Agriculture of the university of Illinois. 

(3) President of the State Board of Agriculture. 

(4) President of the State Horticultural Society. 

(5) President of the State Dairymen's Association. 

And the present Congressional Representatives of the Illinois Farmers' 
Institute Association shall constitute the first board of directors of this 
organization, who shall have charge of the affairs of the same until their 
successors have been duly elected and enter upon their duties as provided in 
this act. 

COUNTY FUNDS. 

Ax Act to enable county boards of supervisors in counties under township 
organization and county commissioners in counties not under totonship 
organization, to appropriate county funds for use of county farmers' 
institutes. Approved June 5, 1911, in force July 1, 1911. L. 1911. p. 244. 

3S. Appropriation, Authority. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That it shall be lawful for county boards 
of supervisors in counties under township organization, and for county 
commissioners in counties not under township organization, to appropriate 
funds from the county treasury for use of county farmers' institutes in their 
efforts to promote the adoption of the latest approved methods of crop pro- 
duction, the improvement of live stock, the conservation of soil fertility, 
and the improvement of agricultural conditions generally: Provided, that 
in no case shall it be lawful for a county board to api:)ropriate more than 
three hundred dollars ($300) in any one j^ear for the above purposes. 

APIARIES. 

An Act to prevent the introduction and spread in Illinois of foul brood 
among bees, providing for the appointment of a State inspector of 
apiaries and prescribing his potoers and duties. Approved June 7, 1911, 
in force July 1. 1911. L. 1911. p. 47. 
Whereas, The disease known as foul brood exists to a very considerable 

extent in various portions of this State, which, if left to itself, will soon 

exterminate the honey-bees; and, 

Whereas, The work done by an individual bee-keeper or by a State 

inspector is useless so long as the official is not given authority to inspect 

and, if need be, to destroy the disease when found; and. 



34 

. Whereas. There is a great loss to the bee-keepers and fruit growers of 
the State each year by the devastating ravages of foul brood; 

39. Inspector. 

Section" 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: (Repealed by implication.) 

■iO. Inspection, Nuisance, Notice. 

Sec. 2. It shall be the duty of every person maintaining or keeping any 
colony or colonies of bees to keep the same free from the disease known as 
foul brood and from every contagious and infectious disease among bees. 
All bee-hives, bee-fixtures or appurtenances where foul brood or other con- 
tagious or infectious diseases among bees exists, are hereby declared to be 
nuisances to be abated as hereinafter prescribed. If the inspector of 
apiaries shall have reason to believe that any apiary is infected by foul 
brood or other contagious disease he shall have power to inspect, or cause 
to be inspected, from time to time, such apiary, and for the purpose of such 
inspection he, or his assistants, are aut,horized during reasonable business 
hours to enter into or upon any farm or premises, or other building or place 
used for the purpose of propagating or nurturing bees. If said inspector 
of apiaries, or his assistants, shall And by inspection that any person, firm 
or corporation is maintaining a nuisance as described m this section, he 
shall notify in writing the owner or occupant of the premises containing 
the nuisance so disclosed of the fact that such nuisance exists. He shall 
include m such notice a statement of the conditions constituting such 
nuisance, and order that the same be abated within a specified time and a 
dii^ction, written or printed, pointing out the methods which shall be taken 
to abate the same. Such notice and order may be served personally or by 
depositing the same in the post office properly stamped, addressed to the 
owner or occupant of the land or premises upon which such nuisance exists, 
and the direction for treatment may consist of a printed circular, bulletin or 
report of the inspector of apiaries, or an extract from same. 

If the person so notified shall refuse or fail to abate said nuisance in 
the manner and in the time prescribed in said notice, the inspector of 
apiaries may cause such nuisance to be abated, and he shall certify to the 
owner or person in charge of the premises the cost of the abatement and if 
not paid to him within sixty days thereafter the same may be recovered, 
together with the costs of action, before any court in the State having 
competent jurisdiction. 

In case notice and order served as aforesaid shall direct that any bees, 
hives, bee-fixtures or appurtenances shall be destroyed and the owner of such 
bees, hives, bee-fixtures or appurtenances . shall consider himself aggrieved 
by said order, he shall have the privilege of appealing within three days 
of the receipt of the notice to the County Court of the county in which 
such property is situated. The appeal shall be made in like manner as 
appeals are taken to the County Court from judgments of justices of the 
peace. Written notice of said appeal served by mail upon the inspector of 
apiaries shall operate to stay all proceedings until the decision of the 
County Court, which may, after investigating the matter, reverse, modify 
or affirm the order of the inspector of apiaries. Such decision shall then 
become the order of the inspector of apiaries, who shall serve the same as 
hereinbefore set forth and shall fix a time within which such decision must 
be carried out. 

Jtt. Report. 

Sec. 3. The inspector of apiaries shall, on or before the second Monday 
in December of each calendar year, make a report to the Governor and also 
to the Illinois State Bee Keepers' Association, stating the number of apiaries 
visited, the number of those diseased and treated, the number of colonies of 
bees destroyed and the expense incurred in the performance of his duties. 

Ji2. Penalties. 

Sec. 4. Any owner, of a diseased apiary or appliances taken therefrom, 
who shall sell, barter or give away any such apiary, appliance, queens or 



25 

bees from such apiary, expose other bees to the danger of contracting sucn 
disease, or refuse to allow the inspector of apiaries to inspect such apiary, 
or appliances, shall be fined not less than fifty dollars nor nioie than one 
hundred dollars. 

ENTOMOLOGIST. 

A.\ Act to prevent the introduction and spread in Illinois of the San Jose 
scale and other dangerous insects and contagious diseases of fruits, and 
repealing a certain act therein named. Filed June .'/, IHOI, in force 
Jaiy 1. I'J'.il. L. linn, p. 008. 

'j.j. Ntirseries, Inspection, Certificate. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly: That it shall be the duty of the State 
entomologist of Illinois to inspect, or cause to be inspected by his duly 
appointed assistants, at least once each year between July 1 and September 
15, all nurseries and nursery premises in the State of Illinois, as to whether 
they are infested by dangerous insects or infected by dangerous plant 
diseases. If upon the inspection of any nursery as above provided it shall 
appear that said nursery and its premises are free from dangerous insects 
and dangerous plairt diseases, it shall be the duty of the State entomologist 
upon payment of the expenses 01 inspection, as certified by him to give or 
send to the owner of said nursery, or to the person in charge of the same, 
not later than October 1, a certificate of inspection stating that said nursery 
and premises are apparently free from such insects and diseases, and such 
certificate shall be valid, unless revoked for cause as hereinafter provided, 
for one year from the date of inspection, and no longer. 

The provisions of this section shall not apply to florists' greenhouse 
plants nor to flowers or cuttings commonly known as greenhouse stock, and 
no certificate shall be required for the shipment of native stock collected in 
the United States and not grown in nurseries. 

If the State entomolgist shall find that part of a nursery is infested 
with dangerous insects or infected by contagious plant diseases and that 
the remainder of it is not so infested or infected, or if he shall have reason 
to believe that a nursery is liable, by reason of its proximity to infested or 
infected premises, to become so infested or infected before the next annual 
inspection, he may prescribe in writing such measures of precaution, or 
may nlake in writing such conditions as to the use of his certificate, as 
may in his judgment be necessary, and he may withhold his certificate until 
such conditions have been accepted in writing by the owner of said nursery; 
and the use of such certificate without taking such measures of precaution 
or observing such conditions shall subject the owner of said nursery to the 
penalties prescribed in section 5 for a violation of this act. 

Whenever any nurseryman or seller of trees, shrubs, vines, plants, buds, 
or cuttings commonly known as nursery stock, shall ship or deliver any such 
stock he shall place and send on each car, box, bale, bundle, package, or 
piece, a true copy of a valid certificate of inspection, signed by the State 
entomologist of Illinois, or by another inspector duly approved by him, 
showing that the said stock has been carefully inspected and found appar- 
ently free from any dangerous insects or dangerous plant disease. Any per- 
son who shall deliver, ship, or consign for shipment nursery stock without 
such certificate attached, or who shall use such certificate in connection with 
nursery stock any and every part of which has not bcpn inspected and 
certified as aforesaid, or who shall alter or deface such certificate, or who 
shall use an imperfect copy of such certificate, shall be liable to the penalties 
prescribed in section 5 for a violation of this act. 

If the State entomologist shall find that his certificate of inspection has 
been used in violation of law, he shall have power to revoke and annul said 
certificate by written notice to the holder thereof, and such notice shall take 
effect forthwith, and the use of said certificate after it has been revoked 
and annulled, and before such revocation has been withdrawn by the State 



26 

entomologist, shall subject the holder of said certificate to the penalties 
provided in section 5 for a violation of this act. 

It shall be the privilege of the nurseryman to ship, under the certificate 
issued to him, nursery stock §rown for him elsewhere or purchased by him 
from other states or countries: Provided, that all such stock be received 
under a certificate satisfactory to the State entomologist stating that it has 
been inspected where grown and found to be apparently free from dangerous 
insects and dangerous plant diseases. The State entomologist shall send, 
once each year not later than July 1, to all nurserymen in the State known 
to him, a list of official inspectors of other states and foreign countries whose 
inspection certificates may be accepted in this State, for one year from the 
date thereof, as equivalent to his own certificate. 

Every agent for a nursery outside of Illinois and every dealer not 
engaged in growing trees, shrubs, plants, or vines, in this State, for sale, 
who sells or delivers such stock in this State shall, before delivering the 
same, place on file in the office of the State entomologist a statement made 
under oath before an officer qualified to administer oaths in the locality 
Avhere he may reside, or, if a nonresident of the State, in the locality where 
said stock is sold or delivered, that the said stock has been duly inspected 
and was received by him accompanied with a valid official certificate of 
inspection or fumigation, a copy of which certificate shall be filed by him 
with said statement for the approval of the State entomologist. Upon receipt 
of said statement and copy of the certificate of inspection the entomologist 
shall report to the sender his approval or disapproval of said certificate. If 
disapproved he shall inspect, or cause to be inspected, the nursery stock to 
which the said statement applies, and if he shall find said nursery stock to 
be apparently free from dangerous insects and dangerous plant diseases he 
shall give or send to the owner thereof, upon payment of the expenses of 
the inspection, a certificate to that effect, and the delivery of such stock 
without an accompanying certificate of inspection Issued by the State 
entomologist or approved by him shall subject the agent, dealer, or other 
person selling or delivering the same to the penalties prescribed in section 
5 for a violation of this act. 

Jf^i- Injurious Insects, Nuisance, Inspection, Notice. 

Sec. 2. That all gardeners, horticulturists, nurserymen, superintendents 
of public parks, and other growers of or dealers in plants of any kind upon 
their own lands, upon leased lands or premises, or upon public parks or 
highways shall free and keep freed all plants, shrubs, trees, vines, cuttings, 
scions, buds, stocks or other plant parts grown, cultivated, or dealt in by 
them, from all injurious insects and fungus pests, which are liable to spread 
from the plants or premises infested to other plants on the public highways 
. or upon lands belonging to other owners, and all plants, shrubs, trees, or 
parts of such so infested are hereby declared to be a nuisance to be abated 
as hereinafter prescribed; and their maintenance, after notice as hereinafter 
set forth, is hereby declared a misdemeanor jninishable as provided in 
section 5 of this act. If the State entomologist shall have reason to suppose 
that any nursery, orchard, fruit plantation, or other property or place in 
this State, is infested by dangerous insects or infected with contagious 
plant disease, he shall have power to inspect or to cause to be inspected, 
from time to time, such nursery, orchard, fruit plantation, or other property, 
and for the purposes of such inspection he and his assistants are authorized, 
during reasonable business hours, to enter into or upon any farm, orchard, 
nursery, garden, storehouse, or other building or place used for the growing, 
storage, packing or sale of trees, plants or fruits; and if the State entomol- 
ogist shall find, by inspection as aforesaid, that any person, firm, or corpo- 
ration is maintaining a nuisance as described in this section, he shall notify 
in writing the owner or occupant of the promises containing the nuisance 
so disclosed of the fact that such nuisance exists. He shall include in such 
notice a statement of the conditions constituting such nuisance, an order that 
the same be abated within a specified time, and a direction, written or 
printed, pointing out the methods which should be taken to abate the same. 



37 

Such iiGiice or order may be served personally, or by depositing the same in 
the post office, properly stamped, addressed to the owner or occupant of the 
land or premises upon which such nuisance exists, and the direction for 
treatment may consist of a printed circular, bulletin, or report of the State 
entomologist or of the Agricultural Experiment Station, or an extract from 
the same. If the person so notified shall refuse or fail to abate said nuisance 
in the manner and within the time prescribed in said notice, the State 
entomologist may cause such nuisance to be abated, and he shall certify to 
the owner or person in charge of the premises the cost of abatement, and 
if not paid to him w'ithin sixty days thereafter the same may be recovered, 
together with the cost of action, before any court in the State having com- 
petent jurisdiction. In case the notice and order served as aforesaid shall 
direct that any growing plant, shrub, or tree shall be destroyed, and the 
owner or grower of such plant, shrub, or tree shall consider himself 
aggrieved by such order, he shall have the privilege of appeal, within three 
days of the receipt of the notice, to the County Court of the county in 
which said property is situated. The appeal shall be made in like manner 
as appeals are taken to the County Court from the judgments of justices of 
the peace. Written notice of such appeal served by mail upon the State 
entomologist shall operate to stay all proceedings until the decision of the 
County Court, who may, after investigating the matter, reverse, modify, or 
confirm the order of the State entomologist. Such decision shall then become 
the order of the State entomologist, who shall serve the same as herein- 
before set forth, and shall fix a time within which such decision must be 
carried out. Any person, firm or corporation failing to obey an order of 
the State entomologist, made and served as prescribed in this section, within 
the period of time therein specified, shall be deemed guilty of a misdemeanor 
and liable to punishment as prescribed in section 5 of this act. (As amended 
by act approved June 3, 1909, in force July 1, 1909. L. 1909, p. 420.) 

-JJ. Shipments, Certificate. 

Sec. 3. Whenever any trees, shrubs, plants or vines are shipped from 
place to place in this State, or shipped into this State from another state, 
country or province, every car, box, bale, bundle, package or piece thereof 
shall be plainly labeled on the outside with the name of the consignor, the 
name of the consignee, and a certificate signed by a state or government 
inspector showing that the contents have been inspected by such inspector, 
or by his authority since the 1st day of July last preceding, and that the 
trees, vines, shrubs and plants, there present and therein contained, appear 
free from all dangerous insects and diseases. Whenever any trees, shrubs, 
vines, or plants arrive in this State without such certificate plainly fixed 
on the outside of the package, box or car containing the same, the facts 
must be reported within twenty-four hours to the State entomologist by the 
railroad, express or steamboat company, or other person or persons carrying 
the same, and it shall be unlawful to deliver any such property until it has 
been inspected by the State entomologist or his assistant and by him certified 
to be free from dangerous insects or contagious diseases. Any person 
receiving nursery stock brought into this State from outside this State, and 
not accompanied by a valid certificate as above prescribed, shall at once 
notify the State entomologist of that fact, and shall not allow such uncer- 
tified stock to leave his possession until it has been inspected and released 
by the State entomologist or his assistant. Any agent of any railroad, 
steamboat or express company or any other person or persons carrying such 
property as aforesaid, or any consignee of such property, who shall fail to 
give notice to the State entomologist as above required shall be deemed 
guilty of a violation of this act, and subject to the penalties prescribed in 
section 5. (As amended by act approved June 3, 1909, in force July 1, 1909. 
L. 1909, p. 420.) 

46. Inspection, Application, Expenses. 

Sec. 4. Any owner of an orchard or other fruit plantation in bearing 
condition may apply to the State entomologist for an inspection of the same 



2R 

with reference to the presence of the San Jose scale or other dangerous 
insects or plant diseases liable to prevent the sale or lessen the value of 
his fruits, agreeing in his application to pay in full the expenses of the 
inspection, and upon receipt of such application and agreement, or as soon 
thereafter as may be conveniently practicable, the State entomologist shall 
comply with such request, and upon receipt of the expenses of the inspection 
he shall issue to the applicant a certificate [as] to the facts disclosed by the 
inspection. 

47. Penalty. 

Sec. 5. Any person who shall violate the provisions of this act with 
reference to the sale, shipment, delivery, receipt, or transportation of 
nursery stock, or with reference to the use, alteration, or defacement of a 
certificate of inspection relating to the same, or who shall remove, without 
the written permission of the State entomologist, infested or infected prop- 
erty concerning whose condition he has received official notice from the 
entomologist, or who shall maintain a nuisance as described in section 2 of 
this act, after notice by the State entomologist and direction for its abase- 
ment, or who shall offer any hindrance or resistance to the carrying out of 
this act, shall be adjudged guilty of a misdemeanor, and upon conviction 
before a justice of the peace shall be fined not less than twenty-five dollars 
and not more than one hundred dollars for each and every offense, together 
with all costs of the procedure, and shall stand committed until the same is 
paid. It shall be the duty of the State entomologist to furnish to the State's 
attorney all information in his possession concerning violations of this act, 
aifd the State's attorney shall prosecute such violations of this act, and 
amounts so recovered shall be paid into the treasury of the State. (As 
amended by act approved June 3, 1909, in force July 1, i909. L. 1909, p. 420.) 

Sec. 6. (Repealed.) 

.'iS. Repeal. 

Sec. 7. An Act entitled, "An Act to prevent the introduction and spread 
in Illinois of the San Jose scale and other dangerous insects and contagious 
diseases of fruits," approved and in force April 11, 1899. is hereby repealed. 

PLANT INSPECTION. 

An Act to prevent the introduction into and the dissemination within this 
State of insect jiests and diseases injurious to the plants and plant 
products of this State. Became a laio June .2.9. 1917. in force July 1. 
1917. 

Ji9. Short Title. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: This act shall be known bv the short title 
of "The Plant Inspection Act of 1917." 

oO. Terms Defined. 

Sec. 2. For the purposes of this act, the following terms shall be con- 
strued, respectively, to mean: 

Insect pests and diseases. — Insect pests and diseases injurious to plants 
and plant products of this State, including any of the stages of development 
of such insect pests and diseases. 

Plants and plant products. — Trees, shrubs, vines, forage and cereal 
plants, and all other plants; cuttings, grafts, scions, buds, and all other parts 
of plants; and fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all 
other nlant products. 

Nursery stock. — All field-grown trees, shrubs, vines, cuttings, grafts, 
scions, buds, fruit-pits, and other seeds of frui" and ornamental trees and 
shrubs, and other plants and plant products grown or kept for propagation, 
excepting field, vegetable and fiow'er seeds, bedding plants, and other her- 
baceous plants, bulbs, and roots. 



29 

Nursery. — Any grounds or premises on or in which nursery stock is 
propagated and grown for sale, or any grounds or premises on or in which 
nursery stoclc is being fumigated, treated, paclied or stored. 

Nurserymaid —Any person who owns, leases, manages, or is in cliarge of 
a nursery. 

Dealer. — Any person not a grower of nursery stock in this State, who 
buys nursery stock for the purpose of reselling and reshipping independent 
of any control of the nurseryman. 

Agents. — Any person selling nursery stock under the partial or full 
control of a nurseryman, or of a dealer or other agent. This term shall 
also apply to any person engaged Vvfivh a nurseryman, dealer or agent in 
handling nursery stock en a cooperative basis. 

Places. — Vessels, cars and other vehicles, buildings, docks, nurseries, 
orchards and other premises, where plants and plant products are growh, 
kept, or handled. 

Persons. — Individuals, associations, partnerships and corporations. 

Words used in the act shall be construed to import either the plural or 
the singular, as the case demands. 

51. Annual Inspection. 

Sec. 3. It shall be the duty of the Department of Agriculture to inspect 
once each year all nurseries and nursery stock in the State of Illinois as to 
whether they are infested- or infected b3' insect pests and diseases. 

.j2. Infected Premises or Stock. Inspection. 

Sec. 1. The Department of Agriculture shall have authority to inspect 
any orchard, fruit- or garden-plantation, field, park, cemetery, private prem- 
ises, or public place, and any place which might become infested or infected 
with insect pests or diseases. It shall also have authority to inspect or to 
reinspcct at any time or place any nurserj' stock shipped in or into the 
State, and to treat it as hereinafter provided. For the purposes of inspection, 
the officers and employees of the Department of Agriculture shall have free 
access within reasonable hours to any field, orchard, garden, packing 
ground, building, cellar, freight or express oiBce, warehouse, car, vessel, or 
other place where it may be necessary or desirable for them to enter in 
carrying out the provisions of this act. It shall be unlawful to deny such 
access to the officers and employees of the Department of Agriculture, or 
to hinder, thwart, or defeat such inspection by misrepresenting or concealing 
facts or conditions, or otherwise. 

53. Nursery Stock. Inspection, 

Sec. 5. Persons desiring to sell or ship nursery stock in this State shall 
make application in writing before July 1 of each year to the Department of 
Agriculture for the inspection of their stock, and any nurseryman failing 
to comply with this section shall be liable to extra charges to cover the 
expenses of a special trip by the officers or employees of the Department 
of Agriculture. Every person receiving directly or indirectly any nursery 
stock from a foreign country shall notify the Department of Agriculture of 
the arrival of such shipment, of the contents thereof, and of the name of 
the consignor, and shall hold such shipment unopened until duly inspected 
or released by such department. 

oJi. Certificate of Inspection. 

Sec. 6. It shall be the duty of the Department of Agriculture to cause 
to be inspected at least once each year between July 1 and September 15, 
all nurseries in the State of Illinois as to whether they are infested by insect 
pests or infested by diseases. If upon the inspection of any nursery as above 
provided it shall appear that said nursery and its premises are apparently 
free from insect pests and diseases, it shall be the duty of the Department of 
Agriculture, upon payment of the expenses of inspection, to give or to send 
to the owner of said nursery or the person in charge of the same, not later 
than October 1, a certificate executed by the Department of Agriculture 



30 

setting forth the fact of such inspection, and said certificate shall be valid 
not to exceed one year from the date thereof. The provisions of this section 
shall not apply to florist's greenhouse plants nor to flowers or cuttings com- 
monly known as greenhouse stock. It shall be unlawful for any person to 
sell or to offer for sale or to remove or ship from a nursery or other premises 
any nursery stock until such stock has been officially inspected and a cer- 
tificate or permit covering it has been granted by the Department of Agri- 
culture; except that scions of fruit trees may be shipped from one place to 
another Avithin this State without inspection, under a special permit of the 
Department of Agriculture, in which case they must be held unused by the 
person receiving them until they have been duly inspected and pronounced 
free from insect pests and diseases. 

55. Certificate of Inspection, Withholding. 

Sec. 7. If the Department of Agriculture shall find that part of a nur- 
sery is infested or infected with insect pests or plant diseases, and that the 
remainder of it is not so infested or infected, or if it shall have reason to 
believe that a nursery is liable, by reason of its proximity to infested or 
infected premises, to become so infested or infected before the next annual 
inspection, it may prescribe in writing such measures or precaution, or may 
make in writing such conditions as to the use of its certificate, as may in 
Its judgment be necessary, and it may withhold a ceritficate until such 
conditions have been accepted in writing by the- owner of said nursery; 
and the use of such certificate without taking such measures of precaution 
or observing such conditions shall subject the owner of said nursery to the 
penalties prescribed for a violation of this act. 

56. Dealer's Certificate, Affidavit. 

Sec. 8. Every dealer within the meaning of this act, located either 
within or without the State, engaged in selling nursery stock in this State 
shall secure a dealer's certificate, first furnishing an affidavit that he will 
buy and sell only stock which has been duly inspected and certified by the 
Department of Agriculture or inspector approved by the Federal horticul- 
tural board, and that he will maintain with the Department of Agriculture 
a list of all sources from which he secures his stock. 

57. AgenVs Certifi,cate. 

Sec. 9. Nurserymen, dealers or other persons residing or doing business 
outside the State desiring to solicit orders for nursery stock in this State, 
shall, upon filing a certified copy of their original State certificate with the 
Department of Agriculture, if said certificate is approved by the department, 
receive a certificate permitting such persons to solicit orders for nursery 
stock in this State. 

58. Agents Certificate, Affidavit. 

Sec. 10. All agents within the meaning of this act selling nursery stock 
or soliciting orders for nursery stock for any nursery man or dealer located 
within the State or outside the State, shall be required to secure and carry 
a dealer's certificate bearing a copy of the certificate held by the principal. 
Said agent's certificate shall be issued only by the Department of Agricul- 
ture to agents authorized by their principal or upon request of their princi- 
pal. Every such agent or solicitor shall, before solioitiiig orders tor nursery 
stock, furnish an affidavit to the Department of Agriculture that he will 
solicit orders only for the stock which has been duly inspected in accordance 
with the provisions of this act. 

59. Misusing Certificate. * 

Sec. 11. If it shall be found at any time that a certificate of inspection 
issued or accepted pursuant to the provisions of this act is being used in 
connection with plants or plant products which are infested or infected 
with insect pests or diseases, or is being used in connection with plants or 
other property which have not been inspected and certified as aforesaid, its 



31 

further use may be prohibited, subject to such inspection and other dispo- 
sition of the plants and plant products involved as may be provided for by 
the Department of Agriculture. 

60. Shipping Information. 

Sec. 12. It shall be unlawful for any person to bring or cause to be 
brought into this State any nursery stock unless there is plainly and legibly 
marked thereon or affixed thereto, or on or to the car or other vehicle carry- 
ing, or on the bundle, package, or other container of, the same, in a 
conspicuous place, a statement or a tag or other device showing the names 
and addresses of the consignors or shippers and the consignees or persons to 
whom shipped, the general nature of the contents, and the name of the 
locality where grown, together with a certificate of inspection of the proper 
official of the state, territory, district, or country from which it was brought 
or shipped, showing that such plant or plant product was found or believed 
to be free from insect pests and diseases. 

61. Laheling. Uncertified Nursery Stock, Report. 

Sec. 13. Every person who shall engage in the selling or shipping of 
nursery stock in this State is hereby required to attach to the outside of 
each package, box, balo or car-loaJ sliipped or otherwise delivered, a tag or 
poster on which shall appear an exact copy of his valid certificate. In case 
any nursery stock is shipped in this State or into this State from another 
state, country, or province without a valid certificate plainly affixed as afore- 
said, the fact must be promptly reported to the Department of Agriculture 
by the person carrying the same, together with the names of the consignor 
and consignee and the nature of the shipment. Any person receiving nursery 
stock brought into this State from outside this State without a valid certifi- 
cate approved by the Department of Agriculture affixed as aforesaid, shall 
at once notify the Department of Agriculture of the fact, and shall not 
allow such nursery stock to leave his possession until it has been inspected 
or released by the Department of Agriculture, and the expenses of such 
inspection shall be paid by the consignee before the said nursery stock is 
certified or released. 

62. Nursery StocJc, Sale. 

Sec. 14. It shall be unlawful for any person to sell, give away, carry, 
ship, or deliver for carriage or shipment within this State any nursery stock 
unless such nursery stock has been officially inspected and a certificate issued 
by the Department of Agriculture stating that said nursery stock has been 
inspected and found free from insect pests and diseases. It shall, however, 
be the privilege of a nurseryman holding a valid certificate covering nursery 
stock grown by him to ship under said certificate nursery stock grown for 
him elsewhere or purchased by him from other states or countries, provided 
that all such nursery stock is received under an official certificate acceptable 
to the Department of Agriculture stating that it has been inspected where 
grown and found to be apparently free from insect pests and diseases. The 
Department of Agriculture shall send once each year not later than July 1 
to all nurserymen in the State known to it a list of the official inspectors 
of other states and foreign countries whose inspection certificates may be 
accepted in this State for one year from the date thereof as equivalent to its 
own certificate. 

63. Nuisance Defined. 

Sec. 15. All gardeners, horticulturists, nurserymen or other growers of 
or dealers in plants of any kind upon their own lands or upon lands or 
premises leased by them and all public authorities having jurisdiction over 
highways, streets, parks and public places, on which plants, shrubs, trees, 
vines, cuttings, scions, stocks, or other plant parts are grown, cultivated, or 
brought in by them, shall keep the, same free from insect pests and diseases 
which are liable to spread to other plants or places and all plants, shrubs or 
trees or places so infested or infected are hereby declared to be a nuisance. 



6'f. Xiiisance, Notice. Abatement. 

Sec. 16. If the Department of Agriculture shall have reason to suppose 
that any property or place in this State is infested or infected by insect pests 
or diseases, ic shall have power to inspect or to cause to be inspected from 
time to time such property or place, and if it shall find by inspection as afore- 
said that any person is maintaining a nuisance, as described in section 15 
of this Act, the Department of Agriculture shall give written notice of the 
facts to the owner or other person in possession or control of the place where 
found, which said notice shall contain a description of methods by which, 
and specify a time within which, said nuisance should be abated, and such 
owner or other person shall proceed to control, eradicate, or prevent the dis- 
semination of, such insect pest or disease within the time and in the manner 
described by said nocice, and shall remove, cut or destroy infested and in- 
fected plants and plant products, or things and substances used or connected 
therewith, if the same are incapable of effective treatment. Whenever such 
owner or other person can not be found, or shall fail, neglect, or refuse to 
obey the requirements of said notice, such requirements shall be carried out 
by the Department of Agriculture if, in the judgment of the department, 
it is practicable for them so to do, and the Department of Agriculture shall 
have and enforce a lien for the expense thereof against the place in or upon 
which such expense was incurred, in the same manner as liens are had and 
enforced against buildings and lots, wharves and piers, for labor and ma- 
terials furnished by virtue of contract with the owner. 

6'J. Requested Inspection. Municipality. 

Sec. 17. Any municipality, park board, or other board or person in con- 
trol of public grounds may apply to the Department' of Agriculture for an 
inspection of the same with reference to the presence of insect pests or 
diseases, agreeing in the application to pay in full the expenses of the inspec- 
tion: and upon receipt of such application and agreement, or as soon there- 
after a.s may be conveniently practicable, the Department of Agriculture may 
comply with such request, and upon receipt of the expenses of the inspection 
it shall send to the applicant a statement as to the facts disclosed. 

60. Requested Inspection. Florist. 

Sec. 18. Any owner of florist's stock or other herbaceous plants which he 
wishes to ship into another state or country, may apply to the Department of 
Agriculture for an inspection of the same with reference to the presence of 
insect pests or diseases liable to prevent the acceptance of such plants in such 
state or country, agreeing in his application to pay in full the expenses of 
the inspection, and upon receipt of such application and agreement, or as 
soon thereafter as may be conveniently practicable, the Department of Agri- 
culture may comply with such request, and upon receipt of the expenses of 
the inspection it shall issue to the applicant a certificate to the facts dis- 
closed. 

6'7'. Importation, Quarantine. Notice. 

Sec. 19. Whenever the Department of Agriculture shall find that there 
exists outside of this State any insect pest or disease, and that in order to 
safeguard plants and plant products in this State, its introduction into this 
State should be prevented, the Department of Agriculture shall give 
public notice thereof, specifying the plants and plant products infested or 
infected, or likely to become infested or infected therewith, and the move- 
ment of such plants or plant products into this State from the infested or 
infected locality designated in said public notice shall thereafter be pro- 
hibited until the Department of Agriculture shall find that the danger of the 
introduction into this State of such insect pests or diseases from such 
locality has ceased to exist, of which the Department of Agriculture shall 
give public notice. 



33 

68. Quarantine, Notice. 

Sec. 20. Whenever the Department of Agriculture shall find that there 
exists in this State, or any part thereof, any insect pest or disease, and that 
its dissemination should be controlled or prevented, the Department of Agri- 
culture shall give public notice thereof, specifying the plant and plant 
products infested or infected, or likely to become infested or infected there- 
with, and the movement, planting or other use of any such plant or plant 
product, or other thing or substance specified in such notice as likely to 
carry and disseminate such insect pest or- disease, except under such con- 
ditions as shall be prescribed by the Department of Agriculture as to in- 
spection, treatment and disposition, shall be prohibited within such area as 
shall be designated in said public notice until the Department of Agriculture 
shall find that the danger of dissemination of such insect pest or disease has 
ceased to exist, of which the Department of Agriculture shall give public 
notice: Provided, hoivever. that before the Department of Agriculture shall 
promulgate the order of quarantine, as provided in this section, the Depart- 
ment of Agriculture shall, after due notice to the interested parties, give a 
public hearing under such rules and regulations as the department shall pre- 
scribe, at which hearing any interested person may appear and be heard, 
either in person or by attorney. 

69. Farm Crops, Preventive Measures. 

Sec. 21. If the Departpient of Agriculture shall find, at any time, in any 
county, township, or other geographical district, fields, crops or any property 
or place so infested by insect pests, or infected widi plant diseases as to 
threaten increasing or serious injury to farm crops or other property, which 
injury might, in the judgment of the Department of Agriculture be re- 
strained by reasonable measures of arrest and prevention, it shall require 
of all persons owning, leasing, managing, or occupying property infested by 
such insect pests, or infected by such diseases, within said district, that they 
shall take such measures of arrest and prevention as are prescribed by the 
Department of Agriculture for the protection of the property of others 
against injury: and it shall be the duty of every person so notified and in- 
structed to perform the acts required of him by the instructions of the 
Department of Agriculture. 

70. Revieiv of Action. 

Sec. 22. Any person affected by any rule or regulation made or notice 
given, pursuant to this act, may have a review thereof by the Department 
of Agriculture for the purpose of having such rule, regulation or notice 
modified, suspended, or withdrawn. Such review shall be allowed and con- 
sidered and the costs thereof fixed, assessed, collected or paid in such man- 
ner and in accordance with such rules and regulations as may be prescribed 
by the Department of Agriculture. 

71. Penalties and Prosecution. . 

Sec. 23. Any person who shall violate the provisions of this act with 
reference to the sale, shipment, delivery, receipt, labeling, transportation, or 
treatment of nursery stock, plants, plant products, or other property: or 
who shall fail to report the receipt of uncertified nursery stock as required 
in section 13 of this act; or who shall forge, counterfeit, deface, alter, 
destroy, or wrongfully use any certificate provided for in this act; or who 
shall use, plant, or remove, wichout permission of the Department of Agri- 
culture, infested or infected property concerning whose condition he has 
received official notice: or who shall maintain a nuisance as described in this 
act, after notice by the Department of Agriculture; or who shall fail or 
neglect to take such reasonable measures for the arrest and prevention of 
injury by insect pests and diseases as are required of him by the Department 
of Agriculture under section 21 of this act; or who shall offer any hinder- 
ance or resistance to the carrying out of this act; shall be adjudged guilty 
of a misdemeanor, and upon conviction shall be punished by a fine of not 

— 3 A G I 



34 

less than ten dollars or more than a hundred dollars for each and every 
offense, together with all costs of procedure. It shall be the duty of the 
Department of Agriculture to furnish to the State's attorney of the county in 
which an offense is committed, or to the Attorney General of the State, all 
information in its possession concerning violations of this act, and the officer 
so notified shall prosecute such violations of this act, and the amounts so 
received shall be paid into the treasury of the State. 

72. Official Omissions. 

Sec. 24. In construing and enforcing the provisions of this act, the act, 
ommission or failure of any official, agenc or other person acting for or em- 
ployed by any association, partnership or corporation, within the scope of his 
employment or office, shall, in every case, also be deemed the act, omission 
or failure of such association, partnership or corporation, as well as that of 
the person. 

73. Commerce. 

Sec. 25. This act shall not be so construed or enforced as to conflict in 
any way with any act of Congress regulating the movement of plants or 
plant products in interstate or foreign commerce. 

7.'/. Construction of Act. 

Sec. 26. If any section or part of a section of this act shall, for any cause, 
be held unconstitutional, such fact shall not affect the remainder of this act. 
15. Repeal. 

Sec. 27. All acts and parts of acts inconsistent with the provisions of this 
act are hereby repealed. 

76. Emergency. 

Sec. 28. Whereas an emergency exists, this act shall take effect from and 
after i;s passage: and whereas the act establishing the Department of Agri- 
culture does not take effect until July 1, the duties of the Department of 
Agriculture under this act shall be performed, so far as necessary, by the 
State entomologist, until July 1, 1917. 

AGRICULTURAL EXPERLMENT STATION. 

Ax Act making appropriations for the maintenance and extension of the 
various departments of the University of Illinois. Approved June 10, 
1911. in force July i, 1911. L. 1911, p. S9. 
(Sections 1 and 2 provide for an appropriation of $2,324,000 for a 

number of general purposes.) 

77. Instruction in Crops. Etc. 

Sec. 3. That it shall be the duty of the College of Agriculture to give 
thorough and reliable instruction in the economic production of crops; the 
treatment of the different soils of the State in such manner as to secure 
largest returns from each and without impairing its fertility; the princi- 
ples of breeding and management of live stock, including animal diseases 
and a thorough knowledge of the various breeds and market classes; the 
economic and sanitary production of dairy goods, and the best methods 
of meeting existing market demands, and of extending and developing trade 
in the agricultural productions of the State. That it shall be the further 
duty of said college to provide and maintain such live stock specimens, 
laboratories, apparatus and other material equipment, together with teachers 
of such experience and skill as shall make such instruction effective. That 
to carry out the provisions of this section there be. and hereby is, appro- 
priated the sum of two hundred and seven thousand, nine hundred dollars 
($207,900) annually, for the years 1911 and 1912. 



35 

7S. Investigations. 

Sec. 4. That it shall be the duty of the Agricultural Experiment Station 
to conduct investigations calculated to develop the beef, pork, mutton, wool 
and horse producing interests of the State, and especially to devise and 
conduct feeding experiments intended to determine the most successful com- 
bination of stock foods, particularly in Illinois grain and forage crops,, 
and to discover the most economical and successful methods of maintaining 
animals and fitting them for the market, to investigate live stock conditions, 
both at home and abroad, in so far as they affect market values, and to 
publish the results of such experiments and investigations. That to carry 
out the provisions of this section there be and hereby is appropriated the 
sum of twenty-five thousand dollars (|25,000.00) annually for the years 
1911 and 1912: Provided, that the director of the Agricultural Experiment 
Station, in planning and conducting the work undertaken and outlined in 
this section, shall be assisted by an advisory committee of five, to be 
appointed by the Illinois Live Stock Breeders' Association. 

7.9. Experiments. 

Sec. 5. That is [itl shall be the duty of the Agricultural Experiment 
Station to conduct experiments in several sections of the State, in order 
to discover the best methods of producing corn, wheat, oats, clover and other 
farm crops on the different soils and under the various climatic conditions 
of the State, and for the purpose of improving the varieties grown for special 
purposes; and that to carry out the provisions of this section there be, and 
hereby is, appropriated the sum of fifteen thousand dollars ($15,000.00) 
annually for the years 1911 and 1912: Provided, that the director of the 
Agricultural Experiment Station, in planning and conducting the work 
undertaken and outlined in this section, shall be assisted by an advisory 
committee of five, to be appointed as follov/s: Two by the Illinois Corn 
Growers' Association, one by the Illinois Seed Corn Breeders' Association 
and one by the Illinois Grain Dealers' Association and one by the Farmers' 
Grain Dealers' Association. 

SO. Examinations of Soils. 

Sec. 6. That is [it] shall be the duty of the Agricultural Experiment 
Station to make chemical and physical examination of the various soils of 
the State, in order to identify the several types and determine their char- 
acter; to make and publish an accurate survey with colored maps, in order 
to establish the location, extent and boundaries of each; to ascertain by 
direct experiment in laboratory and field what crops and treatment are 
best suited to each; whether the present methods are tending to best results 
and whether to the preservation or reduction of fertility, and what rotations 
and treatment will be most effective in increasing and retaining the pro- 
ductive capacity of Illinois lands; and that, to carry out the provisions of 
this section, there be and hereby is, appropriated the sum of sixty-five thou- 
sand dollars ($65,000.00) annually for the years 1911 and 1912: Provided, 
that the director of the Agricultural Experiment Station, in planning and 
conducting the work undertaken and outlined in this section, shall be 
assisted by an advisory committee of five, to be appointed by the Illinois 
Farmers' Institute. 

8t. Improve Methods for Orchards, Etc. 

Sec. 7. That it shall be the duty of the Agricultural Experiment Station 
to discover and demonstrate the best methods of orchard treatment, the 
culture and marketing of fruits and vegetables, and the most effective reme- 
dies for insect and fungous enemies to fruits and vegetables; to make a 
systematic study of plant breeding, and to develop, by means of crossing 
and selection, new and improved varieties of fruits and vegetables, and that, 
to carry out the provisions of this section there be, and hereby is, appro- 
priated the sum of fifteen thousand dollars ($15,000.00) annually for the 
years 1911 and 1912: Provided, that the director of the Agricultural Experi- 
ment Station, in planning and conducting the work undertaken and outlined 



36 

in this section, shall be assisted by an advisory committee of five, to be 
appointed by the Illinois State Horticultural Society. 

82. Improve Methods for Dairy. 

Sec. 8. That it shall be the duty of the Agricultural Experiment Station 
to investigate the dairy conditions of the State; to discover and demon- 
strate improved methods of producing and marketing wholesale milk and 
other dairy products, and to promote the dairy interests of the State by 
such field assistance in the dairy sections upon farms and in the creameries 
and factories as shall tend to better methods and more uniform products; 
and that to carry out the provisions of this section there be, and hereby is, 
appropriated the sum of fifteen thousand dollars ($15,000.00) annually for 
the years 1911 and 1912: Provided, that the director of the Agricultural 
Experiment Station, in planning and conducting the work undertaken and 
outlined in this section, shall be assisted by an advisory committee of five, 
to be appointed by the Illinois State Dairymen's Association. 

tiS. Improve Methods for Cut Flowers, Etc. 

Sec. 9. That is shall be the duty of the Agricultural Experiment Sta- 
tion to discover and demonstrate the best methods of producing plants, cut 
flowers and vegetables under glass, and the most effective remedies for 
disease and insect enemies of the same, to investigate and demonstrate the 
best varieties and methods of producing ornamental trees, shrubs and plants 
suitable for public and private grounds in the various soils and climatic 
•conditions of the State, and to disseminate information concerning the same; 
and that to carry out the provisions of this section there be, and hereby is. 
appropriated the sum of eight thousand dollars ($8,000.00) annually for 
the years 1911 and 1912: Provided, that the director of the Agricultural 
Experiment Station, in planning and conducting the work undertaken and 
outlined in this section, shall be assisted by an advisory committee of five, 
to be appointed by the Illinois State Florists' Association. 

R'l. HouseJceeping Instruction. 

Sec. 10. That it shall be the duty of the College of Agriculture, through 
its Department of Household Science, to make such investigations and give 
such instructions and demonstrations as are calculated to advance the art 
of practical housekeeping in the State, with special reference to supply 
practical instructions to those desiring to take special courses in the science 
relating to and in the art of practical housekeeping, and that to carry out 
the provisions of this act there be, and hereby is, appropriated tw'o thousand 
five hundred dollars ($2,500.00) per annum for the years 1911 and 1912. 

85. Appropriation for Soil Maps. 

Sec. 11. That for the purpose of printing colored soil maps of counties 
surveyed and results of other investigations already made there be, and 
hereby is, appropriated the sum of twenty-five thousand dollars ($25,000.00) 
annually for the years 1911 and 1912. 

86. Meetings. 

.Sec. 12. That the committees representing the several associations herein 
named shall meet at such times and places as may be designated by the dean 
of said college, or the director of the Agricultural Experiment Station, or 
upon request of a majority of the committee; that they shall serve without 
compensation, except for expenses, to be paid out of the respective funds, 
and that said committees shall make to their respective associations, at their 
annual meetings, full reports of the work in progress under the provisions 
of this act. , 

87. Appropriation, Mining Engineering. 

Sec 13. That there be and hereby is appropriated to the University of 
Illinois for the maintenance and extension of the Department of Mining 
Engineering, the sum of fifteen thousand dollars ($15,000.00) per annum. 



37 

58. Avpropriation, Geological Survey. 

Sec. 13a. That there be and hereby is appropriated to the University of 
Illinois for work of investigation in cooperation with the State Geological 
Survey and the U. S. Bureau of Mines with a view to conserving the lives 
of the mine workers and the mineral resources of the State, the sum of five 
thousand dollars ($5,000.00) per annum. 

59. Auditor's Warrant, Etc. 

Sec. 14. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the Treasurer for the sums hereby appro- 
priated, payable out of any money in the treasury not otherwise appropriated 
upon the order of the board of trustees of said university, attested by its 
secretary and the corporate seal of the university: Provided, that no part of 
said sum shall be due and payable to said university until satisfactory 
vouchers in detail, approved by the Governor, shall be filed with the Auditor 
for all previous expenditures incurred by the University on account of the 
appropriations hitherto made: And provided, further, that vouchers shall 
be taken in duplicate and original, or duplicate vouchers shall be forwarded 
to the Auditor of Public Accounts for the expenditures of the sums appro- 
priated in this act. 

MARKETING PRODUCTS. 

Ats- Act for the protection of farmers, fruit growers, vine growers and 
gardeners. Approved January 13, 1872, in force July 1, 1812. Laics 
1871-2, p. .',16. 

90. License. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That every farmer, fruit and vine grower, 
and gardener, shall have an undisputed right to sell the produce of his farm, 
orchard, vineyard and garden in any place or market where such articles 
are usually sold, and in any quantity he may think proper, without paying 
any State, county, or city tax, or license, for doing so, any law, city or town 
ordinance to the contrary notwithstanding: Provided, that the corporate 
authorities of any such city, town or village may prohibit the obstruction 
of its streets, alleys and public places for any such purpose: And provided, 
further, that nothing in this act shall be so construed as to authorize the 
sale of spirituous, vinous or malt liquors, contrary to laws which now are 
or hereafter may be in force prohibiting the sale thereof. 

COMMISSION MERCHANTS. 

An Act to regulate the shipping, consignment and sale of produce, fruits, 
vegetables, butter, eggs, poultry or other products or property, and to 
license and regulate commission r.ierchants and to create a board of 
inspectors and to prescribe its powers and duties. Approved and in 
force April 2J,, 1899. L. 1899, p. SGJf. 

91. Statements, Record. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That it shall be the duty of all commission 
merchants, firms, companies and corporations, and all other persons or con- 
signees in the State of Illinois, receiving fruits, vegetables, butter, poultry, 
eggs or any other product or property to be sold on commission or otherwise, 
upon the consummation of the sale such commission mercnant. firm, company 
or corporation, person or consignee, shall immediately thereafter make and 
i-ender an itemized statement of such sale to the consignor, giving the gross 
amount of the sale, the freight or express charges, together with all other 
charges against the goods which the consignee may reasonably incur, and 
the net proceeds of the sale: Provided, further, that such commission mer- 
chants, firms, companies and corporations, and all other persons shall keep 
a record of the names of all purchasers, their postofRce address, and gross 



38 

amount of each sale, and all freight, express and other charges against the 
goods which the consignee may reasonably incur, and the net proceeds of 
the sales; which record shall be open for inspection at any time upon the 
request of any consignor or consignors, or his or their duly authorized agents 
or attorneys. 

92. Penalty. 

Sec. 2. That any commission merchant, firm, company, corporation or 
person, as expressly implied in section 1 of this act, violating any of the 
provisions of this act shall be deemed guilty of a misdemeanor, and upon 
conviction shall be fined not less than ten dollars ($10) nor more than two 
hundred dollars ($200) and costs of suit for each and every offense, and 
shall stand committed until such fine or fines and costs are paid: Provided, 
hoioever. that in case of clerical error or other unavoidable cause, the con- 
signee, firm, company, corporation or person shall fail to render such 
itemized account oi sales as expressly provided for in section 1 of this act, 
such consignee, firm, company, corporation or person shall have ten days 
from date of sale to comply with the provisions of this act.'" 

BUTTER AND CHEESE FACTORIES. 

^'Ax Act to require operators of butter and cheese factories on the coope7'a- 
tive plan to give bonds, and to prescribe penalties for the violation 
thereof. Approved June 18, 1SH3, in force July 1, 1S83. L. 1S83, p. 5-'/. 

OS'. Bond, Reports. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That it shall be unlawful for any person 
or person's, company or corporation, within this State, to operate, carry on, 
or conduct the business of manufacturing butter or cheese, on the cooperative 
or dividend plan, until such person or persons, company, or corporation, shall 
have filed with the circuit clerk, or recorder of deeds of the county in which 
it is proposed to carry on such business, a good and sufficient bond, to be 
approved by such circuit clerk, or recorder of deeds, in the penal sum of 
six thousand dollars ($6,000), with one or more good sureties, conditioned 
that such person or persons, company or corporation, proposing to carry on 
such business, will, on or before the first day of each month, make, acknow^l- 
edge, subscribe and swear to a report** in writing, showing the amount of 
products manufactured, the amount sold, the prices received therefor, and 
the dividends earned and declared for the third month preceding the month 
in which such report is made; and will file a copy of such report with the 
clerk of the town or precinct in which such factory is located; and will also 
keep publicly posted in a conspicuous place in such factory a copy of such 
report for the inspection of the patrons thereof, and that such dividends 
shall be promptly paid to the persons entitled thereto. 

9^. Bond, Form, Action. 

Sec. 2. Such bond shall run to the People of the State of Illinois, and 
shall be for the benefit and protection of all patrons of such factory, and 

I ■■ Sfictions 1 and 2 of this act were held not to i ^ xhe requirement of a manufacturer to make 

be class legislation and separable from the invalid at the end of each month a written report showing 

provisions on the ground that small produce com- the amount of products manufactured, the amount 

mission business in cities of a certain size may sold, the prices received therefor and the dividends 

afford great opportunities for swindling and be earned and declared for the third month pre- 

produclive. of great abuses. ceeding the month in which the report is made; 

The provisions of the act which relate to the to subscribe, swear and acknowledge the same; 
selection and appointment of a board of inspectors and to file a true copy with the clerk of the town or 
and vest them with certain powers were declared precinct in which the factory is located, does not 
invalid for the reason that llie legislature cannot amount to an unreasonable search and seizure 
delegate the power of appointment to private cor- under section (>, article 2 of the Constitution of 
porations. Lasher v. People (1899), 183 111. 226, 1870: nor is the requirement of the manufacturer 
232, 236. The invalid provisions are therefore to give bond intended to secure to those who in- 
omitted, trust their property to the keeping of the manu- 

i' The title of this act is in conformity with facturcr against fraud and misappropriation un- 

the requirements of section 13, article 4 of the lawful. IJaivthorn v. People (1883), 109 111. 302, 

Constitution. liaicthorn v. People (1883), 109 111. 307, 308.. 
302, 312. 



39 

suit may be had thereon by any person or persons injured by a breach of 
the conditions thereof, by an action of debt for the use of the person or 
persons interested, for all damages sustained by them. 

Oo. Bond, Recording. 

Sec. 3. Such bond shall be recorded by the circuit clerk or recorder with 
whom the same is filed; and all such reports so filed with any town or 
precinct clerk, shall be preserved by him and held subject to the inspection 
of any person or persons interested. 

i)G. Penalty. 

Sec. 4. Any person who shall willfully violate any provisions of this 
act shall be liable to a fine of not less than two hundred dollars ($200) nor 
more than five hundred dollars ($5Q0), or imprisonment in the county jail 
for not less than thirty days, nor more than six months, or both, in the 
discretion of the court. 

COMMERCIAL FERTILIZERS. 

An Act to prevent fraud in the manufacture and sale of commercial fertil' 
izers. Approved June 29, 18S5, in force July 1, 1SS5. L. 1S85. 

97. Packages, Marking. 

Section 1. That any person or company who shall offer, sell or expose 
for sale in this State, any commercial fertilizer, the price of which exceeds 
five dollars a ton, shall affix to every package, in a conspicuous place on 
the outside thereof, a plainly printed certificate, stating the number of net 
pounds in the packages sold or offered for sale, the name or trademark under 
which the article is sold, the name of the manufacturer, and the place of 
manufacture, and a chemical analysis, statinjg the percentage of nitrogen in 
available form, of potassium, soluble in water, and of phosphorus, in an 
available form (soluble or reverted), as well as the total phosphorus. (As 
amended by act approved May 15, 1903, in force July 1, 1903. L. 1903, p. 5.) 

9S. Certificates, Filing. 

Sec. 2. Before any commercial fertilizer is sold or offered for sale, the 
manufacturer, importer or party who causes it to be sold, or offered for 
sale, within the State of Illinois, shall file in the office of the Illinois State 
Board of Agriculture a certified copy of the certificate referred to in section 
1 of this act, and shall deposit with the secretary of said Board of Agri- 
culture, a sealed glass jar, containing not less than one pound of the fertil- 
izer, accompanied with an affidavit that it is a fair average sample. 

99. License, Fee. 

Sec. 3. The manufacturer, importer or agent of any commercial fertilizer, 
exceeding five dollars per ton in price, shall pay, annually, on or before the 
first of May, a license fee of twenty dollars for the privilege of selling or 
oifering for sale, within the State, said fee to be paid to the treasurer of the 
Illinois State Board of Agriculture: Provided, that whenever the manufac- 
turer or importer shall have paid the license fee herein required, for any 
person acting as agent for such manufacturer or importer, such agent shall 
not be required to pay the fee named in this section. (As amended by act 
approved May 15, 1903, in force July 1, 1903. L. 1903, p. 5.) 

100. Analysis. 

Sec 4. All analyses of commercial fertilizers, sold within the State shall 
be riiade under the direction of the Illinois State Board of Agriculture, and 
paid for out of the funds arising from license fees, as provided for in section 
3; at least one analysis of each fertilizer sold, shall be made annually. 

101. Penalty. 

Sec. 5. Any person or party who shall offer or expose for sale any com- 
mercial fertilizer, without complying with the provisions of sections 1, 2 



40 

and 3 of this act, or shall permit an analysis to be attached to any pack- 
age of such fertilizer, stating that it contains a larger percentage ot any 
one or more of the constituents named in section 1 of this act than it 
leally does contain, shall be fined not less than two hundred dollars for the 
first offense, and not less than five hundred dollars for every subsequent 
offense; and the offender, in all cases, shall also be liable for damages sus- 
tained by the purchaser of such fertilizer: Provided, however, that a 
deficiency of one per cent of the nitroj^en, potassium, or phosphorus claimed 
to be contained shall not be considered as evidence of fraudulent intent. (As 
amended by act approved May 15, 1903, in force July 1, 1903. L. 1903, p. 5.) 

102. Fines, Action. 

Sec. 6. Suit may be brought for the recovery of fines, or damages, under 
the provisions of this act, in the county where the fertilizer was offered for 
sale, or where it was manufactured; and all fines so recovered shall be paid 
into the treasury of the State Board of Agriculture by the court collecting 
the same. The treasurer of the State Board of Agriculture, after the pay- 
ment of the expenses for analysis, and the publication of the annual report 
relating to the analysis, use and results, obtained from fertilizers, shall pay 
into the treasury of the State, any surplus remaining in his hands, on account 
of license fees and fines received through the provisions of this act. 

103. Annual Report. 

Sec. 7. The Illinois State Board of Agriculture shall publish annually, a 
correct report of all analyses made, and certificates filed, together with a 
statement of moneys received on account of license fees and fines, and 
expended for analyses and publication of the report relating to fertilizei's. 

10'/. Samples. 

Sec. 8. The officers and members of the Illinois State Board of Agricul- 
ture, or any person authorized by said board, is hereby empowered to select 
from any package of commercial fertilizer exposed for sale in any county 
in Illinois, a quantity not exceeding two pounds, which quantity shall be 
for analysis to compare with sample deposited with the secretary of said 
Board of Agriculture, as provided for in section 2 of this act, and with the 
printed certificate found on the given package found on sale. 

105. Attorney General. 

Sec. 9. All suits for the recovery of fines under the provisions of this 
act, shall be brought by the Attorney General of the State in the name of 
the People of the State of Illinois. 

ARBOR DAY. 

An Act to encourage the planting of trees. Approved June 10, 1887, in force 
Jtily 1, 1887. L. 1SS7, p. J,. 

106. Planting. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That the Governor shall annually, in the 
spring, designate, by official proclamation, a day to be designated as "Arbor 
Day," to. be observed throughout the State as a day for planting trees, shrubs 
and vines about the homes and along highways, and about public grounds 
within this State, thus contributing to the wealth, comforts and attractions 
of our State. 

LIVE STOCK. 
(Animal's Contagious Disease Act.) 
An Act to revise the law in relation to the suppression and prevention of the 
spread of contagious and infectious diseases among domestic animals. 
Approved June l.'i, 1!)0<). in force July 1. 1909. L. 1909, p. 8. 
Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: (Repealed.) 



11 

101. Communicable Diseases, Investigation, Quarantine, Appraisal, Slaughter. 

Sec. 2. It shall be the duty of said Board of Live Stock Conimissioners to 
cause to be investigated any and all cases, or alleged cases, coming to their 
knowledge, of communicable diseases among domestic animals, within this 
State, and to use all proper means to prevent the spread of such diseases, 
and to provide for the extirpation thereof; and in the event of reasonable 
ground for the belief that any such communicable disease exists in this State, 
it shall be the duty of the person owning or having in charge any animal 
or animals infected with such disease, or any other person having knowledge 
or reason to suspect the existence of such disease, to immediately notify said 
Board of- Live Stock Commissioners, or some member thereof, by communi- 
cation to said board or member, of the existence of such disease, and there- 
upon it shall be the duty of said board, or some member thereof, or author- 
ized agent of the board, immediately to cause proper examination thereof to 
be made, and if such disease shall be found to be a dangerously contagious 
or dangerously infectious malady, said board, or any member thereof, or the 
State veterinarian or any assistant State veterinarian, shall order such 
diseased animals, and such as have been exposed to contagion, and the 
premises in or on which they are, or which may have been recently occupied 
by them, to be strictly quarantined; and they shall have power to order any 
premises and farms where the disease exists, or has recently existed, as well 
as exposed premises and farms, to be put in quarantine so that no domestic 
animal which has been or is so diseased, or has been exposed to such com- 
municable disease, be removed from the premises so quarantined, nor allow 
any animal susceptible to such disease to be brought therein or thereon, 
except under such rules and regulations as said Board of Live Stock Com- 
missioners may prescribe, which quarantine, and everj^ quarantine estab- 
lished under the provisions of this act, shall remain in force and effect until 
removed by order of said board; and said board shall prescribe such regu- 
lations as they may deem necessary to prevent any such disease from being 
communicated from any such diseased animal or exposed animal or from the 
infected premises or through any other means of communication. In all such 
cases the said Board of Live Stock Commissioners, or in case the number of 
animals shall not exceed five, any member thereof, shall have power to order 
the slaughter of any or all such diseased or exposed animals. The 
said board shall also have power to cause to be destroyed all barns, stables, 
premises, fixtures, furniture and personal property infected with any such 
communicable disease, so far as in their judgment may be necessary to pre- 
vent the spread of such disease and where the same cannot be properly 
disinfected; and to order the disinfection of all cars, boats or other vehicles 
used in transporting animals affected with any such communicable disease, 
or that have been exposed to the contagion thereof, and the disinfection of 
all yards, pens and chutes that may have been used in handling such dis- 
eased or exposed animals. 

When said board, upon the written report of the State veterinarian, 
or any of his assistants, determines that any animal is affected with, or has 
been exposed to any dangerously contagious or infectious disease, the board, 
or any member thereof, or any of its duly authorized, agents, may agree with 
the owner upon the value of such animal or of any property that it may be 
found necessary to destroy, and in case such an agreement cannot be made, 
said animals or property shall be appraised by three competent and disin- 
terested appraisers, one to be selected by the State Board of Live Stock 
Commissioners, one by the claimant and one by the two appraisers thus 
selected. Such appraisers shall subscribe to an oath in writing to fairly value 
such animals or property in accordance with the requirements of this act, 
which oath, together with the valuation fixed by such appraisers, shall be 
filed with the board and be preserved by them. Upon such appraisement 
being made, it shall become the duty of the owner to immediately destroy 
such animals and to dispose of the carcasses thereof, and to disinfect the 
premises occupied by such animals, in accordance with the rufes prescribed 
by said board governing such destruction and disinfection. And upon his 
failure so to do, said board, or any member thereof, shall cause such animal 



42 

or animals or property to be destroyed and disposed of, and thereupon sucli 
owner shall forfeit all right to receive any compensation for the destruction 
of such animal or animals or property. 

When the board, upon the written opinion of the State veterinarian, or 
of any assistant State veterinarian, determines that any barns, stables, out- 
buildings or premises are so infected that the same cannot be disinfected, 
they may quarantine such barns, stables, outbuildings or premises from use 
for the animals that might be infected by such use, and such quarantine 
shall continue in force and effect until removed by the board, and a violation 
of such quarantine shall be punished in the same manner as is provided 
for violations of other quarantine by this act. 

Any person feeling himself aggrieved by any quarantine established 
under the provisions of this act may appeal to the full Board of Live Stock 
Commissioners, who shall thereupon sustain, modify or annul such quaran- 
tine, as they may deem proper. 

Whenever quarantine is established in accordance with the provisions 
of this act, valid notice of the same may be given by leaving with the owner 
or occupant of any premises so quarantined, in person, or by delivering to 
any member of his family, or any employee, over the age of ten years found 
upon the premises so quarantined, notice thereof, written or printed, or 
partly written and partly printed, and at the same time explaining the con- 
tents thereof. Such quarantine shall be sufficiently proven in any court by 
the production of a true copy of such notice of quarantine with a return 
thereon of the service of the same in the manner above required, attested by 
the seal of the Board of Live Stock Commissioners, with the signature of 
th^ proper officer thereof. (As amended by act approved June 29, 1915, in 
force July 1, 1915. L. 1915, p. 3.) 

108. Affected Districts, Report, Proclaination, Quarantine Penalty. 

Sec. 3. Whenever said Board of Live Stock Commissioners shall become 
satisfied that any communicable disease exists among domestic animals in 
any municipality or geographical district in this State, and in their judgment 
it is necessary to quarantine such municipality or geographical district iu 
order to prevent the spread of such disease into contiguous territory, they 
shall report the same to the Governor, who may thereupon, by proclamation, 
schedule and quarantine such municipality or geographical district, prohibit- 
ing all domestic animals of the kind diseased within such municipality cr 
geographical district from being moved from one premises to another or 
over any public highway or any unfenced lot or piece of ground, or from 
being brought into, or taken from, such infected municipality or geographical 
district, except upon obtaining a special permit, signed by the Board of Live 
Stock Commissioners, or member thereof, or the agent or officer of the 
board duly authorized by it to issue such permits; and such proclamation 
shall from time to time of its publication bind all persons. After the publi- 
cation of the aforesaid proclamation, it shall be the duty of every person who 
owns, or who is in charge of animals of the kind diseased within such 
municipality or geographical district, to report to said board within one 
week thereafter the number and description of such animals, location, and 
the name and address of the owner or person in charge, and during the con- 
tinuance of such quarantine to report to said board all cases of sickness, 
deaths or births among such animals. It shall also be the duty of all per- 
sons within such municipality or geographical district so quarantined, receiv- 
ing, having or purchasing domestic animals of the kind diseased, for 
slaughter, to delay the killing of such animals until a veterinary surgeon, 
with authority from said board, is present to make a postmortem examina- 
tion of the carcass. Any violation of the aforesaid quarantine regulations 
and prescribed duties shall be visited with like penalties, which may be 
recovered in like manner, as provided in section 6 of this act: Provided. 
that nothing contained in this section shall be so construed as to prevent 
the movement of any animal or animals of the kind diseased through such 
quarantined territory under such regulations as the Board of Live Stock 
Commissioners may prescribe and the Governor approve: And. provided, 



43 

fu7'ther, that no animals of the kind diseased within such municipality or. 
geographical district, slaughtered by order of said board, shall be taken from 
such municipality or geographical district for slaughter. 

109. Affected Districts, Proclajnation, Importation. Penalty. 

Sec. 4. Whenever said Board of Live Stock Commissioners shall report 
to the Governor that any communicable disease exists in any other state, 
territory, district, province or country, or in any portion thereof, or in any 
locality therein, or that the condition of any domestic animals coming 
therefrom into this State is such as would render them liable to convey any 
such disease, he may, by proclamation, schedule such state, territory, district, 
province or country, or any portion thereof, or any locality therein, and pro- 
hibit the importation or bringing therefrom into this State of any live stock 
of the kind diseased, or of any live stock that has been exposed to such 
disease, or whose condition would render them liable to convey such disease 
to other animals, or of any carcasses or portions of carcasses, or of any hay, 
straw, fodder or other material capable of conveying infection, except under 
such regulations as may be prescribed by said board and approved by the 
Governor. Any person, firm, joint stock company or corporation that shall 
knowingly transport, receive or convey such prohibited stock from the 
scheduled district into the State of Illinois in violation of any such regula- 
tion, or which shall so transport any carcasses, or portions of carcasses, or 
any hay, straw, fodder or other matei'ial capable of conveying infection, 
which may be prohibited by any rule or regulation of the Board of Live 
Stock Commissioners, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be fined not less than $1,000 nor more than $10,000 
for each and every offense, and shall be liable for any and all damages or 
loss that may be sustained by any person or persons or corporation by reason 
of such importation or transportation of such prohibited stock, or prohibited 
materials above mentioned. Such penalty shall be recovered in any county 
in this State into or through which such stock or material is brought, in any 
court of competent jurisdiction. 

110. Removal of Diseased Animals. 

Sec. 5. Nothing contained in this act, or any section thereof, shall be 
interpreted so as to prevent the movement or shipment of diseased or ex- 
posed animals under the orders of the board created by this act, from one 
place to another by said board or its agents, by driving along the public 
highway or shipment on cars or steamboats, when, in the opinion of said 
board, such removal is necessary for the suppression of any communicable 
disease. 

111. Concealment of Disease in Animals, Penalty. 

Sec. 6. Any person who, knowing that any communicable disease exists 
among his domestic animals, shall conceal such fact, or knowing of the 
existence of such disease, shall sell any animal or animals so diseased, or 
any exposed animal, or knowing the same, shall remove any such diseased 
or exposed animal from his premises to the premises of another, or knowing 
of the existence of such disease, or exposure thereto, shall drive or lead, or 
ship any animal so diseased or exposed, by any car or steamboat, to any 
place in or out of this State; and any person or persons Who shall bring any 
such diseased or knowingly, shall bring any such exposed animal or animals 
into this State from another state; and any person or persons who shall 
knowingly buy, receive, sell or convey, or engage in the traffic of such 
diseased or exposed stock, and any person who shall violate any quarantine 
regulation established under the provisions of this act, shall, for each, 
either, any or all acts above mentioned in this section, be guilty of a mis- 
demeanor, and, on conviction thereof, or of any one of said acts, shall be 
fined in any sum not less than $25 nor more than $200, and be imprisoned in 
the county jail until the fine and costs are paid, and shall forfeit all right 
to any compensation for any animal or property destroyed under the pro- 
visions of this act. 



44 

Any veterinary practitioner having information of tlie existence of any 
communicable disease among domestic animals in this State, who shall fail 
to promptly report such knowledge to said Board of Live Stock Commis- 
sioners, shall be fined not exceeding $500, or be imprisoned in the county 
jail not more than one year for each offense. 

11 J. Fines, Payment. 

Sec. 7. All fines recovered under the provisions of this act shall be paid 
into the county treasury of the county in which the suit is tried, by the 
person collecting the same, in the manner now provided by law, to be used 
for county purposes; and it shall be the duty of the State's attorneys in 
their respective counties to prosecute for all violations of this act. 

113. Claims, Allowance. 

Sec. 8. All claims against the State arising from the slaughter of ani- 
mals as herein provided for, shall be made to the Board of Live Stock Com- 
missioners under such rules, not inconsistent with this act, as they may 
prescribe and it shall be the duty of said board to determine the amount 
which shall be paid in each case on account of the animals so slaughtered 
and fix the fair cash value thereof in health if of the bovine species, for 
beef, dairy and breeding purposes, in no event to exceed three hundred 
dollars ($300) for any registered animal and not to exceed one hundred 
fifty dollars ($150) for any animal not registered; nor to exceed an average 
value of two hundred fifty dollars ($250) per head for all registered animals 
in any herd and not to exceed an average value of one hundred and twenty- 
five ^dollars ($125) per head for all non-registered animals in any herd, or 
if of the equine species, their fair cash market value in health, in no event 
to exceed two hundred fifty dollars ($250) for any one animal, nor to exceed 
an average value of two hundred dollars ($200) per head for all such 
animals of any herd, or if sheep or swine, their fair cash market value in 
health for meat or breeding purposes, in no event to exceed fifty dollars 
($50) for any one animal, nor to exceed an average value of forty dollars 
($40) per head for all such animals of any flock or herd, upon such inspec- 
tion, hearing and inquiry as to the value of said animals as the said 
appraisers shall deem necessary for that purpose: Provided, however, that 
no value other than the market utility value of any animal shall be allowed 
or fixed unless a certificate of registration issued by the registry associa- 
tion, of the breed of such animal, recognized by the United States Govern- 
ment, is furnished to the appraisers, and said appraisers shall report under 
oath the value of said animals, together with a statement of the evidence 
or facts upon which said appraisement is based, and said board shall certify 
the same to the Governor for his approval, and if the Governor shall find thac 
said appraisers have proceeded in accordance with law, he shall approve 
the same for payment, and the Auditor of Public Accounts shall, upon 
presentation of the same to him, thereupon issue his warrant upon the 
State Treasurer for the amount fixed by said appraisers in favor of the 
owner of the animals: Provided, that where Federal authority authorizes 
the payment of part of the value of such animals the State shall only pay 
the balance of said appraisement fixed as aforesaid. (As amended by act 
approved June 29, 1915, in force July 1, 1915. L. 1915, p. 3.) 

11 'i. Sheriffs, Constables, Assistance. 

Sec. 9. Said Board of Live Stock Commissioners, and each member 
thereof, and the State veterinarian, and his assistants, in the performance 
of their duties under this act, shall have poicer to call on sheriffs and their 
deputies, constables and police officers, mayor of cities, city and town mar- 
shals and policemen, to assist them in carrying out its provisions; and it is 
hereby made the duty of all such officers to assist in carrying out the pro- 
visions of this act when ordered so to do; and said commissioners, and the 
State veterinarian and his assistants shall have, while engaged in carrying 
out the provisions of this act, the same powers and protection that other 
peace officers have, and any such officer who fails or refuses to enforce the 



45 

lawful orders and quarantine of said board, or any member thereof, or any 
veterinarian acting under them, in the proper execution of the powers con- 
ferred by this act, shall be guilty of a misdemeanor and be punished as 
provided in section 6 of this act. 

Sec. 10. The said Board of Live Stock Commissioners shall cooperate 
with any commissioner or other officer appointed, by the United States author- 
ities for the suppression of contagious and infectious diseases among 
domestic animals, so far as the provisions of this act and the appropriations 
made in accordance therewith, will allow, in suppressing and preventing the 
spread of contagious and infectious disease among domestic animals in this 
State. 

J 15. Annual Report. 

Sec. 11. (Repealed.) 
Sec. 12. (Repealed.) 

116. Importation of Bulls, Etc., Certificate of Health. 

Sec. 13. All bulls, cow's or heifers exceeding the age of nine months 
brought into the State of Illinois by any person, persons, firm, company or 
corporation, or by any railroad or other transportation company, (unless 
said bulls, cows, or heifers are consigned to and delivered by the transporta- 
tion company within the confines of the Union Stock Yards, Chicago; the 
National Stock Yards, East St. Louis; or the Union Stock Yards, Peoria), 
or any other like public stock yard, shall be accompanied by a certificate of 
health, including the tuberculin test, administered in accordance with the 
regulations of the United States Bureau of Animal Industry within thirty 
days previous to said cattle being brought into the State of Illinois. (This 
and the following 7 sections added by act approved June 29, 1915, in force 
July 1, 1915. L. 1915, p. 6.) 

117. Importation of Bulls, Exchange of Cattle. 

Sec. 13a. The foregoing provisions, however, shall not apply to the 
importation of bulls, cows or heifers from herds which are officially regis- 
tered by the live stock sanitary authorities of the State of origin as being 
free from tuberculosis and other contagious and infectious diseases. Reci- 
procal exchange of cattle from "State Accredited Herds" shall be permitted 
under regulations prescribed by the State Board of Live Stock Commis- 
sioners. 

118. Importation of Bulls. Certificates of Health. Requirements. 

Sec. 13b. All certificates of health shall be issued in duplicate form by 
veterinarians in good standing and shall be approved by the State veter- 
inarian or official in charge of live stock sanitary control in the State in 
which, the shipment has its origin, or by an inspector of the United States 
Bureau of Animal Industry. Before accepting consignments of bulls, cows 
or heifers for importation into the State of Illinois, transnortation companies 
shall require that the original of said certificate of health be delivered to 
them to be attached to the way bill and accompanying the shipment to its 
destination. When such bulls, cows or heifers are driven into the State of 
Illinois said certificate of health must be carried by the person in charge of 
said cattle. A duplicate of each certificate of health under which bulls, cows 
or heifers are brought into the State of Illinois, for breeding or dairy pur- 
poses as in this act required, shall be mailed to the State veterinarian, 
Springfield, 111., on or before the date of bringing such cattle into the State. 
Furthermore, the agent of any transportation company delivering cattle 
covered by a certificate of health within the State of Illinois shall imme- 
diately detach from said way bill said certificate of health and immediately 
forward same to the State veterinarian, Springfield, 111.; and such trans- 
portation company may, with each shipment, require an extra duplicate to 
be filed with such transportation company for record. 



46 

119. Transportation of Cattle, Permits. 

Sec. 13c. Bulls, cows or heifers for feeding or grazing only, may be 
shipped or driven into the State of Illinois, or removed from public stock 
yards w'ithin the State upon a permit issued by the State Board of Live 
Stock Commissioners, provided that all such cattle shall be placed in quaran- 
tine upon the premises of the owner until released therefrom, or until they 
have passed a negative tuberculin test, administered in accordance with the 
regulations of the United States Bureau of Animal Industry at the expense 
of the owner. No shipment of bulls, cows or heifers exceeding the age of 
nine months, unless consigned to and delivered by the transportation com- 
pany wuthin the confines of the Union Stock Yards, Chicago; the National 
Stock Yards, East St. Louis; or the Union Stock Yards, Peoria, or any 
other like public stock yards, shall be accepted for shipment or delivery 
into the State of Illinois by any person or persons, firm, corporation, or 
transportation company, (unless said cattle are covered by a permit duly 
executed by the owner or his agent, consigning said cattle in quarantine for 
feeding or grazing only). Transportation companies before accepting such 
shipments shall require all permits to be executed in duplicate form by the 
owner or his agent. One copy shall be attached to the way bill and the 
agent of the transportation company accepting such shipments shall imme- 
diately forward copy of said permit to the State veterinarian, Springfield, 111. 

120. Transportation of Cattle, Affidavit of Classification. 

Sec. 13d. All importation of steers or spayed heifers, including bull and 
heifer calves under nine months of age (unless consigned to and delivered 
by the transportation company within the confines of the Union Stock Yards, 
Chicago, the National Stock Yards, East St. Louis, or the Union Stock Yards, 
Peoria), or any other like public stock yards, shall be covered by an affidavit 
specifically specifying their classification as such. In the event of the con- 
signor being a nonresident of the State of Illinois, the consignee, owner of 
[or] any person or persons to whom said cattle are delivered, shall be 
required by said transportation company to execute said affidavit before 
said calves, steers or spayed heifers are released by the agent of said trans- 
portation company. Copy of said aflfldavit shall be immediately forwarded 
to the State veterinarian, Springfield, 111., by the agent of the transporta- 
tion company making ^uch delivery. 

121. Cattle in Transit. 

Sec. 13e. Bulls, cows and heifers accepted by transportation companies 
for delivery into the State of Illinois, if unloaded en route for feed or water 
shall be confined in pens under lock and key by the transportation company 
accepting said shipment for delivery. 

122. Transportation Companies. Responsibility. 

Sec. 13f. The obligations assumed by the transportation company at the 
original point of shipment shall extend to all connecting lines. No additions 
to the original consignments or substitutions en route shall be permitted by 
any transportation company. 

123. Cattle Delivery. 

Sec. 13g. When any bulls, cows or heifers iierein specified are consigned 
for delivery within the confines of the Union Stock Yards, Chicago, the 
National Stock Yards, East St. Louis, or the Union Stock Yards, Peoria, or 
other like public stock yards, they shall not be diverted en route or delivered 
to the owner or consignee at any other point within the State of Illinois, 
except that named in the original billing. 

12//. Ttiherculin Test. Expense. Lien. 

Sec. 14. Any bulls, cows or heifers imported into the State of Illinois in 
violation of the foregoing provisions of this act, shall be placed in quarantine 
by the State Board of Live Stock Commissioners, and so held until they 
have been subjected to and successfully pass a negative tuberculin test 



47 

administered under the direction of the State Board of Live Stock Commis- 
sioners at the expense of the owner, shipper or consignee, which expense 
shall constitute a lien upon said cattle until said expense has been paid. 
Any such cattle as may react to said tuberculin test shall be slaughtered 
under the direction of the State Board of Live Stock Commissionei's and 
the owner shall receive only the proceeds resulting from said slaughter 
after deducting necessary expenses in connection therewith. (This and the 
following 5 sections amended by act approved June 29, 1915, as above.) 

125. TuhercuUn Tested Cattle, Sale. 

Sec. 15. It shall be unlawful to sell, offer for sale, or to purchase any 
bulls, cows or heifers known to have reacted to the tuberculin test, except 
under regulations prescribed by the State Board of Live Stock Commission- 
ers, to wit : Bulls, cows and heifers which have reacted to the tuberculin 
test, provided they show no physic^il evidence of disease, may be sold and 
delivered within the State, provided the purchaser shall first secure a permit 
from the State Board of Live Stock Commissioners, wherein it is agreed 
that such reacting cattle shall be kept separate and apart from all non- 
reacting cattle, and shall be maintained under strict quarantine until released 
therefrom for sale or slaughter under State or Federal inspection by permit 
issued by the State Board of Live Stock Commissioners. 

Sec. 16. (Repealed.) 

1.26. TuhercuUn Test, Consent. 

Sec. 17. No bulls, cows or heifers, now forming a part of the domestic 
herds of this State or hereafter born and raised in this State, shall be sub- 
jected to the tuberculin test by the State veterinarian or his assistants, 
without the consent of the owner thereof. 

121. Penalty. 

Sec. 18. Any railroad company, stock yards company, corporation, person 
or persons violating any provisions of this act shall be deemed guilty of a 
misdemeanor and punished by a tine not exceeding one thousand dollars 
($1,000). 

128. Feeding Cattle. Lien. 

Sec 19. In all cases where the transportation company is obliged under 
the provisions of this law to withhold or refuse delivery of cattle, the duty 
to feed and care for such cattle shall be upon the owner or consignor, or in 
case of his default in so doing, then by the transportation company at the 
expense of the owner or consignor, and such transportation company shall 
In such case have a lien upon such animals for food, care or custody fur- 
nished, and such transportation company shall not be liable for any detention 
to such cattle to enable compliance with the provisions of this act. 

129. Stock Yards. 

Sec. 20. For the purposes of this act stock yards at the Union Stock 
Yards, Chicago, the National Stock Yards, East St. Louis, or the Union 
Stock Yards, Peoria, or any other like public stock yards shall be placed in 
quarantine. 

Ax Act to revise the law in relation to criminal jurisprudence. Approved 
March 27, 187J,, in force July 1, 181 >,. R. 8. 181 '/. p. 3U1. 

130. Importation of Diseased Animals. 

Sec 258 Any person who shall hereafter knowingly and willfully bring 
or cause to be brought into this State any sheep or other domestic animals 
infected with contagious disease, or who shall knowingly and willfully suffer 
or permit sheep or other domestic' animals infected with contagious disease 
to run at large, shall be fined in any sum not exceeding .$100 and shall be 
liable in a civil action for all damages occasioned thereby. 



48 

TUBERCULIN TEST. 

Ajf Act to prohibit the establishing and enforcing of the tuberculin test for 
dairy animals by any city, village, incorporated town, county or other 
corporate authority in the State of lUinois. Filed June 12, 1911, in 
force July 1, 1911. L. 1911, p. 6. 

131. Dairy Animals. Tuber cxilin Test Unlaicfiil. 

Section 1. Be it enacted by the People of the State of Illitiois, repre- 
sented in the General Assembly: That it shall be unlawful for any city, 
village, incorporated town, county or other corporate authority in the State 
of Illinois by ordinance, rule or regulation other than may be established 
by the law^ of this State, to demand, fix, establish or require the tuberculin 
test to be applied to dairy animals as a means or measure of regulating and 
purifying milk, skimmed milk, cream and dairy products of said animals 
in any manner whatever, and every such ordinance, rule, by-law or regula- 
tion heretofore or hereafter passed, demanded, fixed, established or required 
by any. such city, village, incorporated town, county or other corporate 
authority other than the State of Illinois, is hereby declared to be void and' 
of no effect. 

TEXAS FEVER. 

An Act to define the duties of railroad, steamboat, transportation and stock 
yard companies under proclamations of the Governor, scheduling terri- 
tory on account of splenic or Texas fever among cattle. Approved and 
in force May 28, 1S89. L. 18S9, p. 5. 

132. Way-Bill, Point of Origin. 

Section 1. Be it enacted by the People of the State of Illitiois. repre- 
sented, in the General Assembly: That during the time specified by any 
proclamation of the Governor of this State, restraining the importation of 
cattle from any territory therein scheduled, on account of splenic or Texas 
fever, all railroad, steamboat and transportation companies in this State 
transporting such cattle into or through this State, or that shall receive or 
ship such cattle that have, prior to such shipment, been shipped or driven 
out of such scheduled territory to the point where they are received by such 
railroad, steamboat or transportation company, for transportation into or ' 
through this State, shall, by their way-bill or bill of lading, state explicitly 
the point from whence said cattle were originally shipped or derived. 

133. Cleaning and Disinfecting Cars. 

Sec. 2. That all railroad, steamboat and transportation companies that, 
shall so receive and ship such cattle, shall, immediately after the said cattle 
are unloaded, and before the said cars are used for any other purpose, 
cleanse and disinfect such cars or quarters in which the same are shipped, 
in accordance with the rules and regulations that may hereafter be presented 
by the Board of Live Stock Commissioners of the State of Illinois and 
approved by the Governor. 

13-',. Unloading Cattle, Pens. 

■ Sec. 3. That all railroad, steamboat and transportation companies that 
shall hereafter unload any such cattle in any yards along the line of their 
said roads or routes of travel, shall unload such cattle in pens set apart 
especially for such cattle, and shall allow no other cattle to enter into or be 
placed in such pens. 

135. Separate Place in Yards. 

Sec. 4. All stock yard companies in the State of Illinois, receiving cattle, 
shall set apart certain portions of their yards for the cattle described in the 
above sections, and shall conspicuously mark same, and shall provide separate 
chutes, alleys, and scales for such cattle, and where the way-bills or bills of 
lading of the railroads delivering the same show that they are the kind of 



49 

cattle before described, they shall be placed in that portion of the yards set 
apart for such cattle, and in no case shall such cattle be unloaded by any 
railroad, steamboat or transportation company in yards or pens other than 
those sei apart for the exclusive receiving and yarding of such cattle. 

13C). Penalty. 

Sec. 5. Any railroad, steamboat, transportation or stock yard company 
violating any of the provisions of this act, or any of the rules of the Board 
of Live Stock Commissioners, referred to herein, or relating to the trans- 
portation of cattle from territory scheduled by the Governor, on account 
of splenic or Texas . fever, shall be fined in any sum not exceeding one 
thousand dollars ($1,000) for each offense. Such fines shall be recovered by 
action of debt in the name of the People of the State of Illinois, and shall 
be paid into the county treasury of the county in which the suit is brought. 
It shall be the duty of the State's attorney of any county in which suit may 
be brought, to begin and prosecute any action for the recovery of the penalty 
herein provided, upon request of the Board of Live Stock Commissioners of 
Illinois. And it shall.be the duty of any person having knowledge of a 
violation of any of the provisions of this act to report the same to the said 
board. 

PLEURO-PNEUMONIA. 

Ax Act to cooperate with the United States in the suppression and extirpa- 
tion of pleuro^pneumonia. Became a law June 2S, 1SS7, in force July 1, 
1SS7. L. 1887, p. 16. 

137. Cooperation tvith United States. 

Section 1. Be it enacted by the People of the State, of Illinois, repre- 
sented in the General Assembly : That the Governor is hereby authorized to 
accept, on behalf of the State, the rules and regulations prepared by the 
commissioner of agriculture, under and in pursuance of section 3 of an act 
of Congress, approved May 29, 1884, entitled, "An Act for the establishment 
of a bureau of animal industry, to prevent the exportation of diseased cattle 
and to provide means for the suppression and extirpation of pleuro-pneumonia 
and other contagious diseases among domestic animals," and to cooperate 
with the authorities of the United States in the enforcement of the pro- 
visions of said act.^" 

138. Poicers of Inspectors. 

Sec. 2. The inspectors of the Bureau of Animal Industry of the United 
States shall have the right of inspection, quarantine and condemnation of 
animals affected with any contagious, infectious or communicable disease, or 
suspected to be so affected, or that have been exposed to any such disease, 
and for these purposes are hereby authorized and empowered to enter upon 
any ground or premises. Said inspectors shall have the power to call on 
sheriffs, constables and peace officers to assist them in the discharge of their 
duties in carrying out the provisions of the act of Congress, approved May 
29, 1884, establishing the Bureau of Animal Industry; and it is hereby made 
the duty of sheriffs, constables and peace officers to assist said inspectors 



1" Section .3 referred to provides "that it shall of said diseases, and such plans and methods shall 

be the duty of the Commissioner of Agriculture to be accepted by the Commissioner of Agriculture, 

prepare such rules and regulations as he may deem and whenever the Governor of a State or other 

necessary for the speedy and eli'ectual suppression properly constituted authorities signify their 

and extirpation of said diseases, and to certify readiness to cooperate for the extirpation of any 

such rules and regulations to the executive au- contagious, infectious, or communicable disease in 

thority of each State and Territory, and invite conformity with the provisions of Ihis act, the 

said authorities to cooperate in the execution and Commissioner of Agriculture is hereby authorized 

enforcement of this act. Whenever the plans and to expend so much of the money appropriated 

methods of the Commissioner of Agriculture shall by this act as may be necessary in"such investiga- 

be accepted by any State or Territory in which (ions, and in such disinfection and riuarantine 

pleuro-pneumonia or other contagious, infectious, measures as may be necessary to prevent the 

or communicable disease is declared to exist, or spread of the disease from one State or Territory 

such State or territory shall have adopted plans into another." 1 Fed. Stats. Aim., 2 cd., p. 4C8 
and methods for the suppression and extirpation 
— 4 A G I 



50 

when so requested; and said inspectors shall have the same powers and pro- 
tection as peace officers while engaged in the discharge of their duties. 

139. Quarantine Expenses. 

Sec. 3. All expenses of quarantine, condemnation of animals exposed to 
disease, and the expenses of any and all measures that may be used to 
suppress and extirpate pleuro-pneumonia, shall be paid by the United States, 
and in no case shall this State be liable for any damages or expenses of any 
kind under the provisions of this act. 

1^0. Penalty. 

Sec. 4. Any person violating any order of quarantine made under this 
act, or any regulation prescribed by the commissioner of agriculture for the 
suppression of pleuro-pneumonia, shall be guilty of a misdemeanor, and upon 
conviction shall be punished by a fine of not less than one hundred dollars 
($100) nor more than one thousand dollars ($1,000), or by imprisonment 
for not more than six months, or by both such fine and imprisonment. 

SWINE. 

Ax Act to prevent the spread of contagious and infectious diseases among 
swine. Approved June 21. 1S9-J, in force July 7. ISD-'j. L. IS!).'), p. 6. 

U/l. Running at Large. 

Sectiox 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That whoever, being the owner of, or 
having charge of any swine, shall suffer the same to run at large, shall be 
fined not less than three dollars ($3) nor more than ten dollars ($10) for 
each offense, and for every day he shall allow the same to run at large after 
having been once convicted under this act. The herding of any swine upon 
the grounds of another without the consent of the owner or person having 
ccntiol ot suth grounds shall be deemed a running ai large under cliis act. 
The law providing for holding elections to vote upon the question of allowing 
domestic animals to run at large, shall not be construed to apply to swine. 

JJi2. Hog Cholera, Prevent Spreading. 

Sec. 2. It shall be the duty of the owner or person having charge ot any 
swine and having knowledge of, or reasonable grounds to suspect the exist- 
ence among them of the disease known as "hog cholera," or of any contagious 
or iutectious disease to use all reasonable means to prevent the spread of 
the same and upon its coming to his knowledge that any of such svsine has 
died of, or been slaughtered on account of any such disease, to immediately 
burn or bury the same to a depth of two (2) feet. 

1/(3. Diseased. Swine, Conveying. 

Sec. 3. No person shall convey upon, or along any public highway or 
other public grounds or any private lands, any diseased swine, or swine 
known to have died of, or been slaughtered on account of any contagious or 
infectious disease. 

i'/.J. Penalty. 

Sec. 4. Any person convicted of a violation of sections two (2) or three 
(3) of this act shall be fined in any sum not less than five (5) nor more 
than fifty (50) dollars, and shall be held liable in damages to the person 
or persons who may have suffered loss on account oi such violation. 

MEAT INSPECTION. 

An Act to provide for the inspection of any animal intended for human food, 
appearing to be diseased, and for the disposition of the carcass. Became 
a law May 27, li)07. In force July, 1, 1901. L. 1901, p. 1. 

l.'/o. Inspection of Animals. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That for the purpose of preventing the use 



51 

of meat or meat food products for human food which are unsound, unhealth- 
ful, unwholesome or otherwise unfit for human food, the Board of Live Stock 
Commissioners may, at their discretion, make or cause to be made, by the 
State veterinarian or his assistants, or any duly authorized live stock in- 
spector in the employ of the State of Illinois, an examination of any animal 
intended for human food which he or they believe is afflicted with any con- 
tagious or infectious disease, or any disease or ailment which would render 
the carcass of said animal unfit tor human food. 

I'lG., Killing of Diseased, Disposition. 

Sec. 2. In event any animal shall be inspected by any person herein 
authorized to make said inspection, and in his judgment found to be afflicted 
with any disease or ailment which would render said animal unfit for human 
food, it shall be the duty of the person making said examination to forthwith 
take possession or control of said aiiimal, and notify the owner or person 
or corporation in control or possession of such animal that such animal is 
unfit for human food; whereupon said animal shall immediately be killed 
and the carcass examined by some person or persons authorized to make 
inspection of such animals. If, upon examination of the carcass, it 
shall appear to the examiner that the same is suitable for human food, 
he shall allow the person or corporation from whom said animal was 
taken to make disposition of the carcass, or such examiner shall cause the 
same to be sold; but if in the opinion of such inspector any such carcass 
is unwholesome or unfit for human food, then the same shall be by him 
stamped, marked, tagged or labeled "inspected ana condemned," and every 
such condemned carcass shall be destroyed for the purposes of human food 
aod such examiner sliall cajse the offal thereof to be sold: Provided, that 
if such carcass shall be disposed of for food purposes by such inspector and 
the offal sold, the proceeds thereof shall be accounted for as the Board of 
Live Stock Commissioners may provide. 

I'fJ. Penalty. 

Sec. 3. Any person, firm or corporation who shall, in any manner, fail, 
neglect or refuse to comply with any provision in this act contained, shall be 
deemed guilty of a misdemeanor and upon conviction thereof, be punished 
by a fine of not less than one hundred dollars ($100.00) nor more than five 
hundred dollars ($500.00), or confined in the county jail not exceeding one 
year, or both. 

STALLION REGISTRATION. 

An Act to regulate the public service of stallions and jacks in Illinois. 
Approved June 21, 1917, in force July 1, 1917. 

JJ/S. Enrollment of Pedigree, License. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly: That every person, firm, company or cor- 
poration standing or offering any stallion or jack for public service in this 
State shall cause the name, description and age, and in the case of a pure- 
bred animal the pedigree, of such stallion or jack to be enrolled by the 
Department of Agriculture, and secure a license from said department as 
provided in section two (2) of this act. 

I'i9. License, Affidavit. 

Sec. 2. In order to obtain the license certificate herein provided for, the 
owner or owners of each stallion or jack shall forward an application and 
the fee to the Department of Agriculture, together with an affidavit executed 
by said owner or owners individually, or hy a graduate veterinarian accept- 
able to the Department of Agriculture to the effect that such stallion or jack 
is free from hereditary, infectious or contagious disease or unsoundness, 
or in the event of said stallion or jack being unsound, the nature and extent 
of said unsoundness shall be specified in the application, a notation of ivhich 



52 

shall be embodied in the certificate of license issued, as follows: Amcmrosis. 
bog spavin, side bone, navicular disease, curb, chorea, string halt or roaring. 
The owner of any pure-bred stallion or jack making application tor 
license shall furnish to the Department of Agriculture at the time the appli- 
cation for license is made, the stud book certificate of registry of said stallion 
or jack, and also all transfers, together with all other papers necessary to 
establish the breeding and ownership. Upon verification of pedigree, cer- 
tificate of breeding, transfers of ownership and affidavit of soundness as 
provided for in this act, a license certificate shall be issued to the owner 
making application for same. The refusal or failure to forward papers show- 
ing breeding and ownership as provided for in this section, shall be taken 
as evidence of their nonexistence, and in all such cases, licenses as pure- 
bred animals shall be denied. 

J 'iO. Infectious Diseases. 

Sec. 3. The presence of any one of the following named unsoundnesses 
shall disqualify a stallion or jack for public service: periodic ophthalmia 
(moon-blindness); bone spavin; bog spavin; ring bone; curb, when accom- 
panied by curby formation of the hock; or any contagious or infectious 
disease. 

.13 1. Record. 

Sec. 4. The Department of Agriculture shall make and keep records of 
all stallions or jacks enrolled in the State of Illinois, said stallions and 
jacks to be licensed as ''pure-bred," or "grade," according as the facts may 
have been determined. Upon making the enrollment of said stallion or 
jack, the Department of Agriculture shall issue a license certificate as above 
provided. 

J.j2. Licenses, Posting. 

Sec. 5. The owner of any stallion or jack used for public service in this 
State shall post and keep affixed during the entire breeding season or sea- 
sons, a copy of the license certificate of such stallion or jack, and affidavit 
of soundness, issued under the provisions of this act, in a conspicuous place 
upon the stall door or in the enclosure leading to said stall of every stable 
or building where said stallion or jack is used for public service. Said copies 
shall be printed in bold face type not smaller than great primer. 

Each bill, poster, newspaper advertisement or any other form of adver- 
tisement shall have as a heading for such bill, poster and advertisement the 
class of license issued for said stallion or jack and the number of his license: 

Thus, "Pure-bred License No ," "Grade License No " as 

the case may be. In all advertisements published within the county in which 
the horse is owned this heading shall be set in the largest and boldest type 
used in the advertisement and all unsoundness listed in the license certifi- 
cate shall be so stated in said advertisement. 

.753. Pure-bred and Grade License Certificates, Forms. 

Sec. 6. A pure-bred license certificate shall be issued for a stallion or 
jack whose pedigree is registered in a stud book recognized by the United 
States Department of Agriculture. Washington, D. C, in B. A. I. Order 175, 
dated November 25, 1910, or the pedigree of which is registered in the stud 
book of one of the following named associations, societies, clubs or corpora- 
tions: American Association of Importers and Breeders of Belgian Draft 
Horses; American Breeders' Association of Jacks and Jennets; The Ameri- 
can Breeders' and Importers' Percheron Registry Company; American Clydes- 
dale Association; American Hackney Horse Society; American Morgan 
Registry Association; American Saddle Horse Breeders' Association; Amer- 
ican Shetland Pony Club; American Shire Horse Association; American 
Suffolk Horse Association; American Trotting Register Association; Arabian 
Horse Club of America; Cleveland Bay Society of America; French Coach 
Horse Society of America: German Hanoverian and Oldenburg Coach Horse 
Association of America; Stand.ard Jack and Jennet Registry Association of 



America; The Jockey Club; National French Draft Horse Association of 
America; Percheron Society of America; Welch Pony and Cob Society of 
America. 

A grade license certificate shall be issued for a stallion or jack whose 
pedigree is not registered in one of the above named associations, societies, 
clubs or corporations. 

The license certificates issued by the Department of Agriculture shall 
be in such form or forms as prescribed and designated by the department, 
to show the true breeding and condition of soundness of the stallion or jacK 
enrolled. 

l-j.'i. Fees. 

Sec. 7. A fee of two ($2.00) dollars shall be paid to the Department of 
Agriculture at the time application is made for enrollment and license, which 
application shall include the affidavit of soundness of the animal. This fee 
shall be in full payment for the examinacion of the pedigrees in cases of 
pure-bred animals; the enrollment of the name, description and ownership 
of each stallion or jack as "pure-bred," or "grade"; and the issuance of a 
license certificate in accordance with the breeding of the stallion or jack. 

Renewal license certificates shall be issued annually, application for 
v.'hich shall be made betAveen the first day of January and the first day of 
March of each year upon the filing of the original or last renewal license 
certificate, together with, an affidavit of soundness with the department and 
the payment of a renewal fee, which shall be one ($1.00) dollar. 

Upon a transfer of ownership of any stallion or jack enrolled under tiio 
provisions of this act, the license certificate may be transferred to the owner 
by the Department of Agriculture, upon submittal of satisfactory proof of 
such transfer of ownership and upon the payment of a fee of fifty cents. 

Duplicate license certificates shall be issued only upon receipt of affidavit 
of ow'ner or agent showing satisfactory proof of the loss or destruction of 
the original license certificate or renewal thereof and upon the payment of 
a fee of one ($1.00) dollar for a duplicate original license certificate or a 
fee of fifty cents for a duplicate renewal license certificate. 

loo. License, Renewal. Permanent Certificate. 

Sec. 8. Each license issued by the Department of Agriculture shall expire 
on December 31 of the year in which it is issued, but each license may be 
renewed each year, provided the owner of said stallion or jack make appli- 
cation for renewal before March 1, following the date of expiration, and 
forward with such application for renewal a fee of one ($1.00) dollar for 
each renewal, and submit satisfactory evidence establishing the identity of 
the animal for which renewal of license is requested. Each renewal shall 
expire on December 31 of the year for which it is renewed. Failure lo 
apply for license renewal, as herein provided, before March 1 following the 
date of expiration, shall forfeit the right of renewal and when such right 
has been forfeited, the owner of such stallion shall procure a new licnese as 
provided in section 2. 

Any stallion or jack six years old or over having successfully passed 
examination for soundness as provided in this law for three (3) consecutive 
years, shall be entitled to a permanent State certificate of soundness. The 
last examination must have been made by a veterinarian approved by tUe 
Illinois Department of Agriculture, said examination to have been made 
within the year in which permanent certificate is granted: Provided, how- 
ever, that the said permanent certificate must be returned each year prior 
to March 1 to the Commissioner (Department) of .Agriculture with a fee of 
one ($1.00) dollar for renewal, and must be accompanied by affidavit from 
owner that said animal is free from contagious, infectious or communicable 
disease. 

1.16. Complaints, Revocation of License. 

Sec. 9. The department shall have the right at any time to take cogniz- 
ance of any complaint, written or verbal, reporting unsoundness of any 



54 

licensed stallion or jack, and require an examination by a veterinarian if 
deemed necessary, and [in] case said stallion or jack upon such examination 
is found to be unsound under the law, to revoke the license; also, to investi- 
gate at any time any fraud which may have been perpetrated or attempted 
in connection with an application for license certificate or affidavit of sound- 
ness, and when such cases arise, the department is authorized to revoke 
the license or take such other action as the facts in the case may warrant. 

151. Penalty. 

Sec. 10. Any person violating any of the provisions of this act shall be 
guilty of a misdemeanor and upon conviction thereof before any magistrate, 
justice of the peace, or other judicial officer of the county wherein the 
violation is committed, shall be punished by a fine of not less than twenty- 
five ($25.00) dollars and not exceeding one hundred ($100.00) dollars for 
each offense. All fines shall be for the use of the State of Illinois. 

158. Funds. 

Sec. 11. The funds accruing from the above named fees and fines shall 
be turned into the State treasury at the times and in the manner provided 
by law. 

159. Annual Report. 

Sec. 12. It shall be the duty of the Department of Agriculture to make 
an annual report, including financial statement, of its activities under this 
act, to the Governor of the State, and to enforce this law. 

160. Repeal. 

Sec. 13. An Act to regulate the public service of stallions in Illinois, 
approved June 10, 1909, in force January 1, 1910, is hereby repealed. 

STALLIONS AND JACKS. 

An Act to prohibit misrepresentations relative to the pedigree and breeding 
of stallions and jacks kept for public service and providing a penalty 
for the same. Approved June 5. 1909, in force July 1, 1909. L. 1909, 
p. 19. 

161. Pedigree, Misrepresentation, Penalty. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That any person, being the owner or keeper 
of any stallion or jack kept for public service, who shall misrepresent the 
pedigree or breeding of any such stallion or jack or who shall represent 
that such animal, so kept for public service, is registered, when in fact it is 
not registered in a published volume of a society for the registry of standard 
and pure breed [bred] animals, or who shall post or publish, or cause to be 
posted or published, any false pedigree or breeding of such animal, shall be 
fined not exceeding two hundred dollars ($200.00), and for the second or 
any subsequent offense shall be fined not exceeding two hundred dollars 
($200.00) and imprisonment in the county jail for a period of six months. 

SERVICE -LIEN. 

An Act to protect the owner of any licensed stallion or jack kept for public 
service and to subject the mare or jennet or progeny of such animal, or 
both, to a lien for the service fee of such stallion or jack. Approved 
June 21, 1911, in force July 1, 1917. 

162. Lien for Service Fee. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That every owner of any licensed stallioji 
or jack kept for public service, who, at the request of the owner of any mare 
or jennet, or his authoi'ized agent, shall cause such mare or jennet to be 



55 

served by his stallion or jack, shall have a lien on the mare or jennet served 
and first lien upon the progeny of such mare or jennet for the service fee 
of such stallion or jack and each lien conferred by this act shall take pre- 
cedence of all other liens or claims thereon not duly recorded prior to 
recording claim of lien as hereinafter provided. 

lijj. Claim for Lien, Foreclosure. 

Sec. 2. Any owner of a licensed stallion or jack desiring to secure the 
benefits of this act shall, within six (6) months after any mare or jennet has 
been served by his stallion or jack, file with the recorder of deeds in the 
county in which such mare or jennet is, a claim for lien in writing and 
under oath, setting forth therein his intention to claim a lien upon such 
mare or jennet or progeny thereof, or both, for the service fee of his stallion 
or jack. 

Such claim for lien shall state the name and residence of the person 
claiming the lien, the name of the owner or reputed owner of the mare or 
jennet or progeny thereof, or both, sought to be charged with the lien, and 
a description of such animal or animals sufficient for identification upon 
which the lien is claimed, and the amount due the claimant for the service 
fee of his stallion or jack. 

The claim for lien filed with the recorder of deeds shall expire and 
become void and of no effect if suit is not brought to foreclose the same 
within twelve months after the date of such service by such stallion or jack. 

IS.'f. Recording. 

Sec. 3. It shall be the duty of the recorder of deeds, upon presentation 
to him of any such claim for lien, together with the recording fee, to file the 
same in the office in the same manner as provided by law for the filing and 
recording of chattel mortgages. 

16-J. Evidence. 

Sec. 4. The original, or a copy of such claim for lien filed as aforesaid, 
certified by the recorder of deeds, shall be received in evidence in any pro- 
ceeding taken to foreclose the lien herein provided for, of the fact that such 
claim for lien was received and filed according to the endorsement of the 
reorder of deeds thereon. 

16G. Enforcement of lien. 

Sec. 5. The person claiming such lien may commence suit to foreclose 
the same by summons in the usual form before any justice of the peace of 
the county or before any Municipal Court of the city in which the animal 
or animals described in his claim for lien may be found. Such suit snail be 
against the person or persons liable for the payment of the service fee of 
claimant's stallion or jack. 

KJl. Procedure. 

Sec. 6. If such summons be returned personally served upon the defend- 
ant or defendants, the same proceeding shall thereupon be had in all respects 
as in other suits commenced by summons in which there is a personal service 
of process and judgment shall be rendered in such suit in like manner. 

16S. Attachment. 

Sec. 7. If the ofl[icer returns such summons showing that a defendant or 
defendants cannot be found in his county, the same proceedings shall there- 
upon be had in all respects as to the defendant or defendants not personally 
served, as near as may be, as in suits commenced by attachment in which 
there is not a personal service of process upon the defendant and judgment 
shall be rendered in such suit in like manner. 

169. Execution. 

Sec. 8. If the plaintiff recover judgment in such suit, execution shall 
issue thereon in the same manner and with the like effect as upon judgments 
rendered in suits commenced by attachment and the mare or jennet or 



56 

progeny thereof, or both, upon which the plaintiff holds such lien, shall not 
be exempt from execution, but may be sold to satisfy such execution in the 
manner hereinafter provided. 

111). Verdict, Judgment, Costs. 

Sec. 9. In all suits prosecuted under the provisions of this act, the court, 
jury, or justice of the peace, who shall try the same, or make an assessment 
of damages therein, shall, in addition to finding the sum due the plaintiff, 
also find that the same is due for the service fee of plaintiff's stallion or 
jack and is a lien on the mare or jennet or progeny thereof, or both, as 
described in plaintiff's claim for lien: Provided, hotvever, that if the court, 
jury, or justice of the peace shall find the amount due the plaintiff is not a 
lien upon the property described in the plaintiff's claim for lien, the plaintiff 
shall not be non-suited thereby if personal service of summons has been had 
upon the defendant, but shall be entitled to judgment as in other civil 
actions; and in those cases where the amount due is found to be a lien upon 
the animal or animals described in plaintiff's claim for lien, the finding or 
verdict may be in the following form: "The court, jurors, or justices, as 

the case may be, say that there is due to the plaintiff the sum of 

dollars from the said defendant or defendants and that the same is due for 
the service fee of plaintiff's stallion or jack, and that the plaintiff has a lien 
upon said mare or jennet or progeny thereof, or both, as described In 
plaintiff's claim for lien for said amount," and in such case, the fee paid by 
the claimant to the recorder of deeds for filing his claim for lien shall be 
taxed as part of the costs of the suit. 

ni. Execution Sale. 

Sec. 10. When the said lien shall be duly perfected as above provided, 
the mare or jennet or progeny thereof, or both, as above provided, shall be 
sold under execution to satisfy said lien as follows: The justice of the 
peace or court shall, at the time of rendering judgment in the suit tried 
before him and on the day of trial, enter upon his docket an order desig- 
nating the time and place at which such animal or animals, shall be sold 
under the execution. All such feales shall be for cash at public sale, to the 
highest bidder and shall take place not less than three nor more than five 
days after the entry of the order of sale and shall be made by a constable of 
the county or by a bailiff of the Municipal Court of the city in which the 
sale takes place. The officer making the sale shall advertise the time and 
place of such sale, together with the correct description of the mare or 
jennet or progeny thereof, or both, to be sold, by posting written or printed 
notices of such sale at three of the most public places of the township, city 
or village where such mare or jennet or progeny thereof, or both, is found. 
The officer making such sale shall forthwith file with the justice of the 
peace or court in whose court the judgment was entered a written statement 
of the amount realized from such sale and all proper items of expense in 
connection therewith and shall then pay from the proceeds of such sale, in 
the order named, to the parties entitled to receive the same, all necessary 
expense incurred in the keep of such animal or animals, all constable's and 
bailiff's fees, all court costs taxed in the suit, the amount of the judgment 
recovered by the plaintiff or claimant and the surplus, if any, he shall pay 
to the defendant in the suit or to his legal representative. 

172. Redemption. 

Sec. 11. All sales of an animal or animals under this act shall be made 
subject to redemption by the owner of such animal or animals, or his legal 
representatives; such redemption to be made within thirty days from the day 
of sale by paying to the i)laintiff, officer making the sale, or to the judge or 
justice upon whose docket the same was entered, 'the amount of the judgment 
with interest at the rate of five per cent and all costs and expenses taxed in 
the proceeding, together with the reasonable and necessary expense or cost 
of the keep of such animal or animals from the day of sale to and including 
the day of redemption. 



57 

STOCK BREEDERS. 

Ax Act to protect stock hreeclers tcithin the State of Illinois. Approved June 
10, 1S87. in force July 1. JSS7. L. 1SS7. p. 11. 

173. Statement, Filing. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That in order to protect farmers in this 
State against damage resulting from breeding to sires advertised witli bogus 
or fraudulent pedigrees, and to secure to the owners of sires payment for 
service, the following provisions are enacted: That every owner of a sire 
charging a service fee, in order to have a lien upon the get of any such sire 
® under the provisions of this act for said service, shall file a statement, 
verified by oath or affirmation to the best of his knowledge and belief, with 
the secretary of the State Board of Agriculture, giving the name, age, 
description and pedigree, as well as the terms and conditions upon which 
such sire is advertised for service. 

17J/. Certificate of Registration. Posting. 

Sec. 2. The secretary of the State Board of Agriculture, upon the receipt 
of the statement as specified in section one (1) of this act, duly verified by 
affidavit, shall issue a certificate to the owner of said sire., a copy of which 
certificate shall be forwarded to the clerk of the County Court in which said 
sire is stationed or located, and another copy furnished the applicant, which 
shall be posted by the owner in a conspicuous place where said sire may 
be stationed, which certificate shall state the name, age, description, pedigree 
and ownership of said sire, the terms and conditions upon which the sire 
is advertised for service, and that the provisions of this act so far as relates 
to the filing of the statement aforesaid, have been complied with. 

17.5. Get, Lien. 

Sec. 3. The owner or owners of any sire receiving such certificate, by 
complying with section one (1) of this act, shall obtain and have a lien upon 
the get of any such sire for the period of one year from the date of birth 
of get. (As amended by act approved Mav 14, 1903, in force July 1, 1903. 
L. 1903, p. 6.) 

176. Get, Sale on Exec7ition. 

Sec. 4. No get of any such sire shall be exempt from levy and sale under 
execution issued upon a judgment obtained in any court of competent juris- 
diction for said service: Provided, that the court rendering such judgment 
shall find and certify in the record of the same that the plaintiff or plaintiffs 
have complied with the provisions of this act, and that the progeny sought 
to be levied upon is subject to the lien herein created: And. provided, 
further, that said finding, together with a description of the dam of the 
progeny so liable to such lien, shall be endorsed upon the execution. 

177. Fees. 

Sec. 5. For filing certificate, making copy of such affidavit or affirmation, 
the certificate of the date of such filing, the clerk or recorder shall be entitled 
to the same fees as are provided by law for like service in regard to chattel 
mortgage. 

178. Same. 

Sec 6. The Illinois Board of Agriculture is authorized to make a charge 
for such certificate, not to exceed two dollars, as may be necessary to cover 
the expense incident to the executing the provisions of this act. (As 
amended by act approved June 1, 1889, in force July 1, 1889. L. 1889, p. 7.) 

179. Annual Report. 

Sec. 7. The Commissioners of State Contracts shall have such a number 
of the annual reports printed and bound in third class binding as may be 
deemed advisable by the State Board of Agriculture to obtain the greatest 



58 

benefits to the. breeders of improved stock in this State, under the provisions 
of this act, said reports to contain copies of certificates issued, and such 
other data of special interest to live stock breeders as said Board of Agricul- 
ture may designate for publication therein. 

Ax Act to punish false pretenses in obtaining certificates of registration of 
cattle and other animals, and to punish giving false pedigrees. Approved 
May 13, 1887, in force July 1, 1881. L. 1881', p. 18. 

ISO. Certificates of Registration, Penalty. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That any person, who by any false pre- 
tense, shall obtain from any -club, association, society or company for im- 
proving the breed of cattle, horses, sheep, swine, or other domestic animals, 
a certificate of registration of any animal in the herd register, or other 
register of any such club, association, society or company, or a transfer of 
any such registration, and every person who shall knowingly give a false 
pedigree of any animal, upon conviction thereof, shall be fined not exceeding 
$1,000, nor less than $25, or imprisonment in the county jail for a period 
not exceeding one year, or both, in the discretion of the court. 

RACE HORSES. 

Ax Act to encourage the breeding of and inuprovcment in horses, and to prc- 
vitit false entri(^s in exh'bitionH or }aces. and to provide pmalties there- 
for. Approved and in force May 31^ 1S95. L. 1895, p. 3. 

181. Entries. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That in order to encourage the breeding 
of and improvement in trotting, running and pacing horses in the State of 
Illinois, it is hereby made unlawful for any person or persons knowingly 
to enter or cause to be entered for competition, or knowingly to compete 
with any horse, mare, gelding, colt or filly under any other than its true 
name or out of Hs proper class for any purse, prize, premium, stake or 
sweepstakes offered or given by any agricultural or other society, associa- 
tion, person or persons in the State of Illinois where such prize, purse, 
premium, stake or sweepstakes is to be decided by a contest of speed. 

182. Penalty. 

Sec. 2. Any person or persons found guilty of a violation of section 1 of 
this act shall, upon conviction thereof, be imprisoned in the State prison 
for not less than one year nor more than three years, or imprisoned in the 
county jail of the county in which he is convicted for any definite period 
not less than six months, or shall be fined in any sum not less than one 
hundred (100) dollars nor more than one thousand (1,000) dollars. 

183. Name Under Which Entered. 

Sec. 3. The name of any horse, mare, gelding, colt or filly, for the pur- 
pose of entry for competition or performance in any contest of speed, shall 
be the name under which said horse has publicly performed, and shall not 
be changed after having once so performed or contested for a prize, purse, 
premium, stake or sweepstakes, except as provided by the code of printed 
rules of the society or association under which the contest is advertised to 
be conducted. 

18-'f. Record, Evidence. 

Sec 4. It is further provided that the official records shall be received 
in all courts as evidence upon the trial of any person under the provisions 
of this act. 



59 

CRUELTY TO ANIMALS. 

An Act to revise the law in relation to criminal jurisprudence. Approved 
March 21, 1874, in force July 1, lS7.'f. 

1S5. Cruelty Defined, Penalty. 

Sec. 50. Whoever shall be guilty of cruelty to any animal in any of the 
ways mentioned in this section, shall be fined not less than $3.00 nor more 
than $200.00 viz.: 

First — By overloading, overdriving, overworking, cruelly beating, tor- 
turing, tormenting, mutilating or cruelly killing any animal, or causing or 
knowingly allowing the same to be done. 

Second — By cruelly working any old, maimed, infirm, sick or disabled 
animal, or causing or knowingly allowing the same to be done. 

Third — By unnecessarily failing to provide any animal in his charge or 
custody, as owner or otherwise, with proper food, drink and shelter. 

Fourth — By abandoning any old, maimed, infirm, sick or disabled animal. 

Fifth — By carrying or driving, or causing to be carried or driven or 
kept, any animal in an unnecessarily cruel manner. 

186. Confining Animals, Penalty. 

Sec. 51. No railroad (company) or other common carrier in the carrying 
or transportation of any cattle, sheep, swine or other animals shall allow the 
same to be confined in any car more than sixty-six consecutive hours unless 
delayed by storm or accident, when they shall be so fed and watered as soon 
after the expiration of such time as may reasonably be done. When so 
unloaded they shall be properly fed, watered and sheltered during such rest 
by the owner, consignee or person in custody thereof, and in case of their 
default, then by the railroad company transporting them, at the expense of 
said owner, consignee or person in custody of the same; and such company 
shall have a lien upon the animals until the same is paid. A violation of 
this section shall subject the offender to a fine of not less than $3.00 nor 
more than $200.00. 

An Act to prevent the mutilation of horses. Approved June 17, 1891, in force 
July 1, 1891. L. 1891, p. 101. 

187. Mutilation of Horses, Penalty. 

Section 1. Be it enacted "by the People of the State of Illinois, repre- 
sented in the General Assembly: That whoever cuts the solid part of the 
tail of any horse in the operation known as docking, or by any other 
operation performed for the purpose of shortening the tail, and whoever 
shall cause the same to be done, or assist in doing such cutting, unless the 
same is proved to be a benefit to the horse, shall be punished by imprison- 
ment in the county jail not exceeding one year, or by a fine of not less than 
$25, nor more than $200. 

RUNNING AT LARGE. 

An Act in relation to domestic animals running within the State of Illinois. 
Approved June 21, 1895, in force July 1, 1895. L. 1895, p. 4- 

188. Animals Not to Run at Large. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That hereafter it shall be unlawful for any 
animal of the species of horse, ass, mule, cattle, sheep, goat, swine or geese 
to run at large in the State of Illinois. 

189. Penalty. 

Sec. 2. Whoever being the owner of or having control of any domestic 
animal of the species mentioned in section 1 of this act, shall suffer the 
same to run at large, shall be fined not less than $2.00 nor more than $10.00 



60 

for each offense, and for every day he shall permit the same to run at large 
after having once been convicted under this act. The herding of any sucli 
animals upon uninclosed lands without the consent of the owner or person 
having control of such lands shall be deemed a running at large under 
this act. 

190. Pou7id, Selection. Pounclmaster. 

Sec. 3. It shall be the duty of the commissioners of highways in tow'nships 
in counties under township organization, and the commissioners of highways 
of road districts in counties not under township organization, as soon as this 
act takes effect, to select and prepare a suitable pound near the center of 
each township or voting district in counties under township organization, 
and near the center of each road district in counties not under township 
organization; appoint a poundmaster and fix his fees and charges, whicn 
shall remain as fixed until the next annual election, at which time the same 
may be changed or amended by a majority vote of the electors present, wiio 
shall at the same time elect a poundmaster for the ensuing year. Said 
poundmaster shall hold his office for one year and until his successor is duly 
elected: Provided, however, that in case the person so elected shall fail 
to act, or a vacancy occurs through resignation, removal, death or any 
other cause whatever, the commissioners of highways shall fill such vacancy 
by appointing a person to act as poundmaster until the next annual election. 
(As amended bv act approved May 16, 1905, in force July 1, 1905. L. 1905, 
p. 5.) 

1!)1. Enforcement of Act. 

Sec. 4. It shall be 'the duty of the poundmaster to enforce the provisions 
of this act in his district; and for any failure so to do he shall be liable 
to a fine of not less than $3.00 nor more than $20.00.-" 

192. Exemption. 

Sec. 5. Nothing in this act shall be construed to affect counties or town- 
ships which already have in force a law' restraining the animals mentioned 
in this act from running at large. 

193. Repeal. 

Sec. 6. An act entitled, "An Act to revise the law in relation to per- 
mitting animals to run at large," approved March 30, 1874, in force July 1, 
1874. and an act entitled, "An Act to prevent male animals running at large 
and for their restraint," approved March 8, 1872, in force July 1, 1872, and 
an act entitled, "An Act to prevent animals running at large within the cor- 
porate limits of incorporated cities, villages and towns," approved June 16, 
1891, in force July 1, 1891, are hereby repealed. 

DOGS. 

An Act providing for the payment of damages done by dogs. Approved 
and in force February 11. 18').:}. L. 1S33. p. l:2.'f. 

t9'i. Sheep Killed or Injured, Action. 

Section 1. Be it enacted, by the People of the State of Illinois, repre- 
ficnt'd in the General Assembly: The owner of any dog or dogs shall 
be liable in an action on the case for all damages that may accrue to any 
person or persons in the State by reason of such dog or dogs killing, wound- 
ing or chasing any sheep or other domestic animal, belonging to such other 
person or persons, and when the amount of such damages does not exceed 
$100.00, the same may be recovered by an acdon before a justice of the 
peace. 



80 The State's attorney and not the town under this act. Palmer v. People (1903), 109 111. 
officers must prosecute in the name of the people -A pp. 209, 271. 



61 

195. Dogs, Killing. 

Sec. 2. If any person shall discover any dog or dogs in the act of killing, 
wounding or chasing sheep in any portion of this State, or shall discover 
any dog or dogs under such circumstances as to satisfactorily show that sucn 
dog or dogs had been recently engaged in killing or chasing sheep for the 
purpose of killing them, such person is authorized to immediately pursue 
and kill such dog or dogs. 

196. Penalty. 

Sec. 203. Criminal Code. Whoever willfully and maliciously kills, 
wounds, maims, disfigures or poisons any domestic animal, or exposes any 
poisonous substance with intent that the life of any such animal should be 
destroyed thereby, such animal being the property of another, shall be im- 
prisoned in the penitentiary not less than one nor more than three years, 
or fined not exceeding $1,000, or both: Provided, that this section shall not 
be construed to apply to persons owning sheep or other domestic animals 
who may, in the exercise of reasonable care and good intentions put out 
poison on his own premises where sheep are kept, to kill sheep-killing dogs. 

An Act provided for the licensing of dogs, and for the payment of 
damages done by dogs to sheep, out of the proceeds of license /ee.s. 
Title amended by act which became a late June 28, 1917, in force July 
1, 1911. 

191. Listing Dogs. 

Sectiox 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : That each county and township assessor 
in this State, when making the assessment, shall, annually make a list of 
the names of all persons who own or keep a dog or dogs, and set opposite 
the name of such owner or keeper the number of dogs he or she has in his 
or her possession, or that is or are kept on his or her premises, stating 
whether male, or sterilized or unsterilized female, which list shall be 
returned by such assessor to the county clerk of the county in which said 
list is taken, as soon as the assessment is completed. (Amended by act 
which became a law June 28, 1917, in force July 1, 1917.) 

19S. Metallic Tag, Assessor's Duty. 

Sec. la. It shall be the duty of the assessor when making out the lists 
as provided in the foregoing section, to deliver to the owner or keeper of 
every dog license, a metallic tag, stamped with the year for which the list 
is made, and the name of the county in which issued, and the owner or 
keeper of every such dog shall cause to be placed upon the neck of each dog 
so owned or kept, a substantial collar provided with the means of attaching 
thereto a metallic tag as herein provided. It shall be the duty of the county 
clerk of each county to provide the tags herein mentioned and to keep a 
record of license tags delivered to each assessor, and the number returned 
at the time of returning the list, by such assessor. Any person becoming 
the owner of a 'dog after the assessment has been returned by the assessor, 
and any owner of a dog who for any reason the assessor has failed to list, 
may at any time apply to the county clerk and procure such license tag, 
by paying to such clerk the license fee herein provided. (Added by act 
which became a law June 28, 1917.) 

199. License Fee, Exemption. 

Sec. 2. The county clerk shall charge upon the collector's book against 
the name of each person reported and returned as the owner or keeper of a 
dog or dogs as a license fee the sum of one dollar for each male or sterilized 
dog, and three dollars for cacti unsterilized female dog owned or kept by 
such person, which fee shall be collected at the same time and in the same 
manner as taxes upon personal property. In counties not under township 
organization, the collector shall pay the amount received from the licenses 
aforesaid to the treasurer of his county, and in counties under township 
organization, the sum so collected in each town shall be paid by the collector 
to the supervisor of his town: Provided, such supervisor shall not be re- 



62 

quired to give any new bond for such license tee, but such supervisor and 
his sureties shall be liable on his original bond as supervisor in the same 
manner and to the same extent as they now are tor other moneys received 
by such supervisor by virtue of his office. 

Provided, further, that section 1, section la, and section 2 of this act 
shall not apply to the owners or keepers of dogs who reside within the limits 
of a city or village having a population of 100,000 or more according to the 
last preceding Federal or State census in which the licensing of dogs is now 
or may hereafter be provided for by ordinance. (Amended as above.) 

200. Damages, Action. 

Sec. 2a. The owner or keeper of any dog or dogs shall be liable in an 
action on the case for all damages that may accrue to any person by reason 
of any dog or dogs killing, wounding or chasing any sheep belonging to such 
other person or persons, and when the amount of damages does not exceed 
two hundred dollars the same may be recovered in an action before a justice 
of the peace. 

201. Trespassing, Dogs, Etc. 

Sec. 2b. If any person shall discover any dog or dogs in the act of killing, 
wounding or chasing sheep, or shall discover any dog or dogs under circum- 
stances that satisfactorily show that the dog or dogs have been recently 
engaged in killing, wounding or chasing sheep for the purpose of killing 
them, such person is authorized to immediately pursue and kill such dog 
or dogs. Any dog or dogs trespassing on the premises where sheep are kept 
anil not accompanied by their owner or keeper, may be killed while so 
trespassing, and it shall be lawful to kill unlicensed dogs after the 1st of 
June, 1918. (Added as above.) 

202. Use of Poison. 

Sec. 2c. Every person owning or keeping sheep may, in the exercise of 
reasonable care and with good intentions, put out poison on the premises 
owned or occupied by such person where sheep are kept, to kill sheep-killing 
dogs. (Added as above.) 

203. License Fund, Distribution. 

Sec 3. It shall be the duty of the county treasurer and supervisors, 
having the custody of the funds collected as license fees, as aforesaid, to 
pay the same out in the manner following: 

First — By such county treasurer to the owners of sheep in their respect- 
ive counties, and by the supervisors to the owners of sheep in their respective 
towns, who shall make proof to them before the first Monday of March in 
each year, of loss or injury to sheep by dogs, other than their own, the full 
amount of the loss or injury so proved, if there are funds sufficient to pay 
the same; if there be not sufficient funds to pay such loss or injury in full, 
then the owners of sheep so sustaining injury as aforesaid, and making proof 
thereof, as in this act provided, shall be paid out of such fund in proportion 
to his loss or injury on his or her pro rata share thereof. 

Second — Three years after the collection of such license fund, if there 
shall remain, in the hands of the town supervisor in counties under town- 
ship organization, an unexpended balance, such balance shall annually be 
turned into the general fund of the county, or township, as the case may be, 
and shall be used for the same purposes as money raised by general taxation: 
Provided, that in townships in which there are no sheep, as shown by the 
assessor's return for that year, the license fund collected for the preceding 
year shall be turned into the general fund of the township on the 1st of April. 
(As amended by act approved April 21, 1899, in force July 1, 1899. L. 1899, 
p. 2.) 

20 Jf. Damages, Verdict. Judgment. Execution. 

Sec. 4. The payment to any owner of sheep of money for damages result- 
ing from loss or injury to his or her sheep, shall not be a bar to an action 
by such owner against the owner or keeper of the dog or dogs committing 



63 

such injuiT or causing such loss, for the recovery of damages therefor. The 
court or jury before whom such action is tried shall ascertain from evidence 
what portion, if any, of the damages sought to be recovered in such action 
has been paid to the plaintiff in such action by the county treasurer or 
supervisor of the proper county or town; and in case the plaintiff in such 
actions recovers damages, the court shall enter judgment against the 
defendant, in the name of the plaintiff, for the use of the proper county or 
town, as the case may be, for the amount which the plaintiff has received 
on account of such damages from the county treasurer, or supervisor of the 
proper county or town, if such recovery shall equal or exceed the amount 
so received by such plaintiff from the county treasurer or town supervisor 
of his county or town; and the residue of such recovery, if any there be, 
shall be entered in the name of the plaintiff in such action to his own use; 
if the amount of the recovery in such action shall not equal the amount 
previously paid to the plaintiff on account of such damages by the county 
treasurer or the town supervisor of the proper county or town, then the 
judgment shall be entered as aforesaid, for the use of such county or town, 
for the full amount of such recovery. Writs of execution issued upon such 
judgments shall show on their face what portion of the judgment is to be 
paid to the proper county or town, and what portion is to be paid to the 
plaintiff in such action, and the judgment when collected shall be paid 
over to the parties entitled thereto, in their proper proportion. 

205. Affidavit of Loss, Witnesses, Damages, Payment. 

Sec. 5. "^No person having sheep killed as aforesaid shall be entitled to 
receive any portion of the fund herein provided for unless he appear before 
the supervisor of the town in which the sheep are killed or injured or before 
a magistrate in counties not under township organization, within not less 
than ten nor more than forty days after the sheep are killed or injured, and 
make affidavit stating the number of sheep killed or injured, the amount of 
damages and owner or owners of dog or dogs if known. All damages 
must be proven by not less than two (2) witnesses, who shall be free- 
holders of the county, and such supervisors or magistrates are hereby author- 
ized to administer oaths in such cases, and shall keep a record in each case 
of the names of owners and the amount of damage proven and the number 
of sheep killed cr injured. And in case the owner of the dog or dogs is 
solvent, the county or town, as the case may be, shall not pay such damages 
out of such fund. 

Provided, the damages allowed in no event shall exceed fifteen dollars 
per head for such sheep killed or injured. (Amended by act which became 
a law June 28, 1917, in force July 1, 1917.) 

206. Witness Fees. 

Sec. 6. The supervisor or county treasurer, as the case may be, shall 
allow not to exceed fifty cents to each witness, which shall be paid out of 
the fund created by this act prior to its disposition by the third section of 
this act. 

(Sections 7 and 8 repealed.) 

Sec. 9. The word "dog," as used in this a^cit, shall be held and construed 
to mean all animals of the canine species, both male and female. 



■-1 This section was amended earlier in the All damages shall be proven by not less than 

session of the same General Assembly by an act two (2) witnesses, who shall be freeholders of the 

approved March 28, 1917, and is as follows; county, and such supervisors or magistrates are 

Sec. 5. An;.' person having sheep killed as hereby authorized to administer oaths in such 

aforsaid, shall not be entitled to receive any por- cases, and shall keep a record in each case of the 

tion of the fund herein provided for, unless he names of owners and the amount of damages 

appear before the supervisor of the town in which proven and the number of sheep killed or injured, 

the sheep are killed or injured or before a magis- In case the owner of the dog or dogs is solvent, the 

trate in counties not under township organization, county or town, as the ease may be, shall not pay 

within forty days after the sheep are killed or such damages out of such fund, 
injured, and make affidavit, stating the number of Pronded, the damages allowed in any event 

sheep killed or injured, the amoimt of damages shall not exceed ten ($10) dollars per head for such 

and owner or owners of dog or dogs, if known sheep killed or injured. 



G4 

201. Penalty. 

Sec. 10. Any person who shall refuse or neglect to comply with any of 
the provisions of this act, shall be fined in any sum not less than five dollars 
and not more than ten dollars. (Added as above.) 

GAME AND FISH. 

Ax Act for the conservation of game, tvild fowl, birds and fish in the State 
of Illinois, for the appointment of a commission and staff for the enforce- 
ment thereof, and to repeal certain acts relating thereto. Approved 
June 23, 1913, in force JuUj 1, 1913. L. 1913, p. 3(;3. 

208. Appointment of Commission and its Duty. 

Sectiox 1. That within thirty days after this act shall take effect the 
Governor of the State, by and with the advice and consent of the Senate, 
3ha]l appoint three persons to be called and known as the State Game and 
Fish Commission, referred to and designated hereafter in this act as the 
commission. One member of the commission shall be designated by the 
Governor as the president of the commission, who shall be the executive 
officer of the commission. It shall be the duty of the commission to conserve 
and propagate the game, wild fowl, birds and fish of the State, to secure the 
enforcement of all the statutes of the State for the preservation and propa- 
gation of game, wild fovvl, birds and fish and bring, or cause to be brought, 
actions and proceedings in the name of the People of the State of Illinois, to 
recover any and all fines and penalties provided for in such laws relating to 
game, wild fowl, birds and fish, and to prosecute all violators of said statutes. 
(Amended by act approved June 24, 1915, in force July 1, 1915. L. 1915, p. 446) 

209. Appointment of Wardens. 

Sec. 2. To carry out the provisions of this act, the commission shall have 
the power to appoint seven (7) wardens and' seventy-eight (78) deputy 
w^ardens, who shall serve continuously and shall devote their entire time to 
said offices. All wardens and deputy w-ardens shall be subject to the control 
of the commission; and the commission shall also have the power to employ 
such other officers, agents and employees as it may deem necessary for the 
efficient conduct of its business. In addition to the wardens, and deputy 
wardens herein provided for, all constables in this State shall be ex officio 
special deputy wardens, who shall receive no salary per diem or expenses 
as such, but who shall receive in addition to the fees and mileage provided 
by law, one-half of all the fines recovered for violation of this act in case 
where they have filed the complaint. (Amended as above.) 

210. Salaries and Quarters. 

Sec. 3. (This section and the first portions of the two preceding sections 
are repealed by implication.) 

211. Hunting and Killing Qnail. Prairie Chicken, Nabbit. Duck. Fur-Bearing 

Animals. Etc.. Penalty. 
Sec. 4. It is hereby declared to be unlawful to hunt, kill, net, entrap, 
ensnare, destroy or attempt to hunt, kill, net, entrap, ensnare or destroy any 
Bobwhite quail from the 10th of December to the 10th of November (both 
inclusive) of each succeeding year; or any pinnated grouse (prairie chicken) 
from the 16th day of October of any years to the 30th day of September 
(both inclusive) of the next succeeding year; or any ruffed grouse (par- 
tridge), Mexican blue quail, California mountain quail, California valley 
quail, Hungarian iJatiiclyr, Caperoalzie, heath grouse (black grouse), or 
woodcock for the period up to and including July 1, 1920; or any gray, red 
fox or black squirrel from the 1st day of February to the 31st day of July 
(both inclusive) of each year; or any rail, swan, or any specie of the oraer 
of LimicoUie or shore birds, excepting black breasted and golden plover, 
"Wilson or jack snipe and yellow legs, for and during the period up to and 
including September 1, 1920; or any black breasted and golden plover, Wilson 



65 

or jack snipe or yellow' legs from the 16th day of December, of any year to 
the 31st day of August (both Inclusive) of the succeeding year; or any 
mourning dove from September 1 of any year to August 14 of the succeeding 
year (both conclusive) : Provided, it shall be lawful to kill not more than 
two cock pheasants in any one day from the 1st day of October to the 5tn 
day of October (both inclusive) of each and every year. And it shall be 
unlawful to kill, hunt, ensnare, entrap or attempt to kill, hunt, ensnare, 
entrap or otherwise destroy any rabbit from the 1st day of February to the 
31st day of August of each year. The use of ferrets for hunting is hereby 
prohibited. And it shall be lawful to kill, hunt, ensnare, entrap, or attempt 
to kill, hunt, ensnare, entrap, or otherwise destroy any wild goose, duck, 
brant, coot (mud hen), from the 15th day of February to the 31st day of 
March (both inclusive), and from the 1st day of September to the 15th day 
of December (both inclusive) of each year. And it shall be unlawful to 
hunt, kill, entrap, ensnare or attempt to hunt, kill, entrap, ensnare or 
otherwise destroy any wild goose, duck, brant, coot, rail, or other water 
fowl between the sunset of any day and the sunrise of the next suc- 
ceeding day at any period of the year. And it shall further be un- 
lawful at any time to hunt, kill, entrap, ensnare, or attempt to hunt, 
kill, entrap, or ensnare or otherwise destroy any wild goose, brant, duck, 
coot, rail or other water fowl from any fixed or artificial ambush beyond 
the lines of natural covering of reeds, canes, willows, flags, crooked brush, 
wild rice, or other vegetation above the water of any lake, river, bay or inlet 
or other water course wholly within the State, or with the aid or use of 
any device commonly called sneak boat, sink box or other device for the 
purpose of concealment in the open waters of this State. 

And it shall be unlawful to shoot, kill or destroy, or attempt to shoot, 
kill or destroy any wild goose, duck, brant, coot, rail, or other w'ater fowl 
with a swivel gun or rifle, or from any sail boat, gasoline or electric launch 
or steamboat, at any time in any part of the water of any lake, river, bay, 
or inlet or other water course, wholly or in part within this State: Provided, 
that it shall be unlawful to kill, entrap, ensnare or otherwise destroy any 
of the ducks, geese, brant, coot, rail or other water fowl, or any of the order 
of Limicolae or shore birds, commonly known as jack snipe, Wilson's snipe, 
sand snipe or any kind of snipe, or any golden plover, upland plover or any 
kind of plover mentioned in ihis section, at any time for market or other 
commercial purposes. 

It shall be unlawful for any person to catch, take or kill any of the 
following fur-bearing animals, to wit: raccoon, mink, muskrat, skunk, oppos- 
sum or oUer from April 1 to October 31 (both inclusive), of each year. 

Any person or persons so offending shall for each and every offense "oe 
deemed guilty of a misdemeanor, and on conviction shall be fined in any sum 
not less than fifteen nor more than fifty dollars and costs of suit, and shall 
stand committed to the county jail until such fine and costs are paid: 
Provided, that such imprisonment shall not exceed ten days; and the killing 
of each bird or animal herein specified shall be deemed a separate offense: 
Provided, that nothing in this section shall be construed to prevent the 
commission or its wardens or deputies from hunting, ensnaring or entrapping 
any of the game birds or animals in this section mentioned and transmitting 
them to other parts of the State, where a scarcity of these game birds, or 
animals exists, for the purpose of propagating and restocking said parts of 
the State: And. provided, further, that before hunting, ensnaring, or entrap- 
ping, said commission, its wardens or deputies must first obtain the consent 
in writing of the tenant or land owner from whose premises said game birds 
and animals are taken. (Amended as above.) 

212. Sale of Game Birds and Game Animals, Penalty. 

Sec. 5. It shall be unlawful for any person, firm or corporation, at any 
time of the year to barter, sell or offer for sale or for any commercial insti- 
tution to have in possession, in this State, either under the name used in this 
act, or under any other name or guise whatever, any game birds or game 
— 5 A G I 



G6 

animals protected in this act (except rabbits), wlietlier taken within cr 
without this State, or lawfully or unlawfully taken. Nothing in this section 
shall be construed to Include those animals which are classified as fur- 
bearing animals in section 4 of this act. 

Any person, firm or corporation violating the provisions of this section 
shall be deemed guilty of a misdemeanor, and on conviction shall be fined 
in any sum not less than twenty-five (25) ncr more than one hundred 
($100) dollars, and an additional fine of five ($5) dollars for each and every 
bird or animal or part of bird or animal sold or offered for sale, or had m 
his possession, and costs of suit, and shall stand committed to the counry 
jail until such fine and costs are paid. (Amended as above.) 

iil.i. KilHn;j Wild Birds. Penalty, Game Birds Defined. 

Si:f. (i. Any person who shall, within the State, kill or catch, or have in 
his or her possession, living or dead, any wild bird, or part of bird, other 
than a game bird, English sparrow, crow, blackbird, bluejay, chicken hawk, 
cormorant, or who shall purchase, offer or expose for sale any such wild 
bird, or part of bird, after it has been killed or caught, shall, for each 
offense, be subject to a fine of five dollars for each bird killed or caught or 
had in his or her possession, living or dead, and shall stand committed to 
the county jail until such fine and costs are paid: Provided, that such im- 
prisonment shall not exceed ten days: Provided, further, that nothing in 
this section shall be construed to prevent the owner or occupant of lands 
from destroying any such birds or animals when deemed necessary by him 
lt)r the protection of fruits and property. For the purpose of this act the 
following only shall be considered game, birds: The Anatidae, commonly 
known as swan, geese, brant, river and sea ducks; the Rallidae, commonly 
known as rail and coot and the Limicolae, commonly known as shore birds, 
plover, surf birds, snipe, Avoodcock and pipers, tattlers and curlews. The 
Gallinae, commonly known as wild turkey, grouse, prairie chicken, pheasant, 
partridges, quail and the Columbidae, including pigeons and doves. This 
section shall not be construed to apply to any part or parts of birds actually 
used and in the possession of any person as decorations or ornaments. 
(Amended as above.) 

aiJ/. Traijping Wild Goose. Wild Duek. Prairie Chicktn. Quail, etc.. Penalty. 
Sec. 7. No person or persons shall, at any time, with trap, snare or net, 
take or attempt to trap, ensnare or net any wild goose, wild duck, brant, 
rail or other water fov/1, wild turkey, prairie chicken, quail, grouse, pheasant, 
Mexican blue quail, Hvmgarian partridge, California valley quail, or Cali- 
fornia mountain quail at any time, except as hereinbefore provided; and it 
shall be unlawful for any person or persons to bait or feed any of said birds 
or water fowls with any kind of seeds or grain for the purpose of trapping, 
shooting or ensnaring them; and every person so offending shall on convic- 
tion be fined in a sum not less than ten dollars nor more than twenty-five 
dollars and cost of suit, and shall stand committed to the county jail until 
such fine is paid: Provided, that such imprisonment shall not exceed fifteen 
days. 

'Hl-j. Bag Limit, Penalty. 

Sec. 8. It shall be unlawful for any person to shoot or kill, during any 
one day, more than fifteen (15) ducks, ten (10) geese, ten (10) brant, fifteen 
(15) coots (mud hen), rails and gallinules, fifteen (15) black-breasted and 
golden plover, fifteen (15) Wilson or jack snipe, fifteen (15) yellowlegs, 
twelve (12) quails, three (3) pinnated grouse (prairie chicken), fifteen (15) 
squirrels, and ten (10) doves: Provided, that it shall further be unlawful 
for any person to have In his or her possession, at any one time, more than 
sixty (60) ducks, twenty (20) geese, or brant, sixty' (GO) coots, rails and 
gallinules, fifty (50) black-breasted and golden plover, Wilson or jack snipe 
and yellowlegs, thirty-six (36) quail, twelve (12) pinnated grouse (prairie 
chicken), thirty (30) squirrels, or forty (40) doves. 



67 

Any person violating any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and on conviction shall be fined in any sum 
not less than fifteen dollars (?15) nor more than fifty dollars ($50) for 
each offense, and shall stand committed to the county jail until such fine 
and costs of suit are paid. (Amended as above.) 

216. Shipment and Transportation of Game. Penalty. 

Sec. 9. It shall be unlawful tor any person to take or transport out of 
this State, or transport within this State, any of the birds or game protected 
by the laws of this State, unless the same shall be pursuant to the provision 
of section 9a of this act or in the personal possession of and carried open 
to inspection by the owner thereof, and such owner shall have in his or her 
possession at the time a nonresident or resident hunting license duly issued 
to him or her under the provisions of this act. 

It shall be unlawful for any transportation company or common carrier, 
or any agent or employee thereof, to receive for shipment or transport any 
of the birds or game protected by this act unless the same shall be received 
lor shipment, carried and delivered pursuant to the provisions of section 9a, 
and then only during the season or period of time which the laws of this 
State shall fix as the open season during which such birds or game may be 
lawfully killed. 

It shall be unlawful for any transportation company or common carrier 
to transport into this State from any point without the State, any bird or 
part of bird, or any game animal protected by the provisions of this act: 
Provided, however, that it is shall be lawful to transport through this State, 
or to points within this State, from points without this State, deer lawfully 
killed and lawfully shipped. 

Any person, corporation, company or common carrier, or any agent or 
employee thereof, violating any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and upon conviction thereof shall be pun- 
ished by a fine of not less than fifty dollars ($50) nor more than one hun- 
dred dollars ($100) and cost of such suit for each offense, and shall stand 
committed to the county jail until such fine and costs "are paid. 

Nothing in the provisions of this section shall be construed to prohibit 
or prevent the shipment of birds and game at any time for scientific or 
propagation purposes by persons holding certificates granted under the 
provision of this act. 

Nothing in the provisions of this section shall be construed to prohibit 
or prevent the shipment and sale of rabbits during the open season thereof: 
(Amended as above.) 

^i7. Permit to Ship Game. 

Sec. 9a. The commission is hereby authorized and empowered to grant 
to holders of resident and nonresident hunting licenses permits to ship 
game. In order to obtain such permit the applicant for the same shall fill 
out a blank application to be furnished by the commission, stating name, 
age, occupation, place of residence and number of hunting license: further 
stating that the game to be shipped under such permit shall be consigned by 
and to the applicant at one destination only, and that such ganie is not to 
be shipped for commercial purposes; said application shall be subscribed 
and sworn to by the applicant before any person authorized by law to 
administer oaths, and shall be accompanied by a fee of one dollar ($1). 

The holder of such permit may orfer for shipment and have transported 
not to exceed one hundred and eighty (180) game birds and game animals 
in not more than three (3) separate shipments during the period of time 
covered by his hunting license: And, provided, that such shipments shall 
not be made oftener than once in four days. 

Upon offering such game for shipment the shipper shall present to the 
agent representing the transportation company or common carrier, his 
hunting license and shipping permit, whereupon the agent shall endorse 
in ink upon the shipping permit, in spaces provided therefor, the name of 



68 

the station from which shipment is made, the destination, which must cor- 
respond with the address in the permit, the date, the number of each variety 
of game in the shipment, and his signature. If a permit is presented with 
a consignment of game for shipment, and such endorsements show that the 
quantity of such game, or number of shipments, which may lawfully be 
shipped by the holder of said permit in a single season has already been 
shipped on said permit, it shall be unlawful for any transportation company 
or common carrier, or agent or employee thereof, to accept the same for 
shipment. 

Game b^rds and game animals shipped in the manner prescribed by this 
section shall be open to inspection and shall have firmly fixed and attached 
thereto a tag on which shall be stated the name of the consignor, (who, 
under the provisions of this section, is also the consignee), the destination, 
the number of permit, the number of hunting license, and the quantity of 
each variety of game in shipment. 

Permits issued under the provisions of this section shall expire on the 
first day of April next succeeding date of issue, and shall be returned to 
the commission within three months after date of expiration. Persons to 
whom permits have been issued and who fail to return them to the commis- 
sion shall not be entitled to any such permit thereafter. No more than one 
permit shall be issued to a person during any one year. 

Any person, corporation, company or common carrier, or any agent or 
employee thereof, violating any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and upon conviction thereof, shall be 
ptinished by a fine of not less than fifty dollars ($50) nor more than one 
hundred dollars ($100) and costs of suit for each offense, and shall stand 
committed to the county jail until such fine and costs are paid. (Added by 
act as above.) 

21S. Wild Game or Birds, Possession, Penalty. 

Sec. 10. That it shall be unlawful for any person in the State of Illinois 
for and during the period of ten years from the passage of this act, to 
injure, take, kill, expose or offer for sale, or have in possession, except for 
breeding purposes, any wild buck, doe or fawn: Provided, that any person 
who breeds and raises deer for market where the same has been bred and 
raised within an enclosure, may kill and sell same from October 1 to Feb- 
ruary 1. And it shall be unlawful for any person for and during the 
period of ten years from the passage of this act to injure, take, kill, expose 
or offer for sale or have in possession except for breeding purposes any wild 
turkey or any kind of pheasant, sand grouse or partridge: Provided, that 
cock pheasants may be killed and sold from the 1st day of November to the 
1st day of February of each and every year, by the breeders thereof, upon 
a permit issued to them by the commission. Any person violating the pro- 
visions of this section shall be deemed guilty of a misdemeanor, and upon 
conviction shall be punished by a fine of not less than fifty dollars nor more 
than one hundred dollars, and in default of payment of the fine imposed 
shall be imprisoned in the county jail at the rate of one day for each dollar 
of the fine imposed. The fines imposed and collected under this act shall be 
paid into the State treasury. 

mo. Wild Game or Birds, Oivnership. 

Sec. 11. The ownership of and title to all wild game and birds in the 
State of Illinois is hereby declared to be in the State, and no wild game or 
birds shall be taken or killed in any manner or at any time except the person 
so taking or killing shall consent that the title to said game shall be and 
remain in the State of Illinois for the purpose of regulating the use and 
disposition of the same after such taking or killing. The taking or killing 
of wild game or birds at any time in any manner or by any person shall 
be deemed a consent of said person that the title to such game or birds shall 
be and remain in the State, for said purpose of regulating the use and dis- 
position of the same. 



69 

220. Destroying Nests or Eggs, Penalty. 

Sec. 12. Anj^ person, who shall, within the State of Illinois, take or need- 
lessly destroy the nest or the eggs of any wild birds, game birds, or shall 
have such nest or eggs in his or her possession, shall be subject for each. 
offense to a fine of five dollars and costs of suit and sh^ll stand committed 
to the county jail until such fine and costs are paid: Provided, that such 
imprisonment shall not exceed ten days. 

221. Scientific Purposes, Exemption. 

Sec. 13. Sections 6 and 12 of this act shall not apply to any person hold- 
ing a certificate giving the right to take birds and their nests and eggs for 
scientific purposes as provided for in section 14 of this act. 

222. Permits for Scientific Purposes, Penalty. 

Sec. 14. Certificates may be granted by the commission to any properly 
accredited person of the age of eighteen years and upward permitting the 
holder thereof to collect birds, their nests and eggs for strictly scientific 
purposes only. In order to obtain such certificate the applicant for the same 
must present to the commission written testimonials from two well-known 
scientific men, certifying to the good character and fitness of said applicant 
to be entrusted with such privilege and must pay to the commission a 
licence fee of five ^dollars ($5.00) and must file with said commission a 
properly executed bond in the sum of two hundred dollai's ($200.00) signed 
by two responsible citizens of the State as sureties. This bond shall be for- 
feited to the State and the certificate become void upon proof that the holder 
of such certificate has killed any bird or taken the nest or eggs of any bird 
for other than strictly scientific purposes, and shall be further subject to a 
fine of one hundred dollars ($100.00). 

The certificate authorized by this section shall be in force until the 
first day of June following date of issue, and shall not be transferable. 
(Amended as above.) 

Sec. 15. The certificates authorized by this act shall be in force until 
the first day of June next succeeding only from the date of their issue and 
shall not be transferable. 

223. Complaint, Search Warrant, Etc. 

Sec. 16. If any member of the commission, or warden, or deputy, has 
reason to believe, or does believe that any person or corporation has in his 
or their possession, contrary to law, any game, deer, wild fowl or bird, it 
shall be the duty of such commissioner, warden or deputy to go before any 
justice of the peace in the county and make affidavit to that fact; said 
justice shall thereupon issue a search warrant against the person or corpo- 
ration so complained of, directed to any constable of the county, commanding 
him to proceed at once and search for said game, deer, wild fowl or bird, 
and upon finding the same to seize and take possession of the same and 
keep it until further ordered by the justice; said constable shall also read 
said warrant to the owner or person in whose possession said game, deer, 
wild fowl or bird is found. Said warrant shall be substantially as follows: 



St.vte of Illinois, 
County 



.-.I 



To any Constable of said County, Greeting: 

You are hereby commanded to search (here describe place), seize and 
take possession of and hold any game, deer, wild fowl or bird found there. 
And you (here name owner or corporation in whose possession game is 
found) are hereby notified to appear before me at my office in (here locate 
office) on (here state time of trial) and show cause why the game, deer, 
wild fowl or birds should not be sold and the proceeds thereof distributed 
as required by law. 

(Signature of Justice.) 

Justice of the Peace. 

(Date of warrant.) 



70 

22-'/. Hearing and Judgment. 

Sec. 17. At the time mentioned in said warrant said justice shall proceed 
to hear and determine whether said game, deer, wild fowl or bird was in 
the possession of the person or corporation contrary to law, and if said 
justice finds that said game, deer, wild fowl or bird was in the possession 
of the defendant contrary to law, then said justice shall enter judgment 
against the defendant and order a sale of the game, deer, wild fowl or bird 
seized, but if said justice shall find that the possession of said game, deer, 
wild fowl or bird was not contrary to law then the judgment of the court 
shall be that the same be returned to the person or corporation from whom 
the same was taken. 

225. Notice, Sale. 

Sec. 18. In case of a judgment and order of sale as specified in section 
17, then said constable shall at once post two notices, one at the justice's 
office and one at the place of sale, specifying in each notice time and place 
of sale — not less than five hours from the date of judgment — also a descrip- 
tion of the game, deer or wild fowl to be sold; said place of sale shall be 
upon the principal produce street or market of the city; said constable shall 
at the time and place mentioned in said notices sell said game, deer, wild 
fowl or bird at public auction to the highest bidder for cash, and at once 
pay the proceeds of such sale into the justice's court; said constable shall 
give the purchaser a certificate of purchase, in which shall be a particular 
description of the game sold, together with the date of sale. 

2.'?6'. Proceeds, Disposition. 

Sec. 19. Said justice shall, as soon as the proceeds of sale are paid into 
his court, deduct the amount of his cost, together with the constable's costs, 
and pay the balance into the State treasury. 

Sec. 20. (Repealed.) 

227. Hunting License, Application, Penalty. 

Sec. 21. For the purpose of preventing unauthorized persons from kill- 
ing game and birds, no person or persons shall at any time hunt, pursue 
or kill with gun, rabbits or any of the wild animals, fowl or birds that are 
protected during any part of the year without first having procured a license 
so to do and then only during the respective periods of the year when it 
shall be lawful. Said license shall be procured from any county, city or 
village clerk in the following manner, to wit: The applicant shall fill out a 
blank application to be furnished by the commission to the clerk of each 
county, city or village stating name, age, occupation and place of residence 
of applicant, place of birth, if a naturalized citizen, the date of the natural- 
ization papers and the court by which issued, if a minor born beyond the 
jurisdiction of the United States, the date of the naturalization papers of 
the parent or parents and the court by which issued if any; the fact of 
having declared his intention of becoming a citizen of the United States 
with the date of such declaration: Provided, however, that such declaration 
was made at least two (2) years prior to said application for license, and 
the court in which such declaration is filed, said application shall be sub- 
scribed and sworn to by the applicant before said county, city or village 
clerk and any applicant who shall wilfully, and corruptly swear falsely 
shall be deemed guilty of perjury and punished accordingly, and it is hereby 
expressly provided that if said county, city or village clerk, fails to admin- 
ister the oath as herein provided or antedates any license, he shall be sub- 
ject to a fine herein provided for each and every offense the same to be 
recovered in any court of competent jurisdiction. And said applicant if a 
nonresident of the State of Illinois or if not a citizen of vhe United States 
or not having declared his intention of becoming a citizen of the United 
States whether a resident of the State of Illinois or not shall pay to the 
county clerk the sum of ten dollars as a license fee. together with the sum 
of fifty cents as the fee of said county clerk for administering the oath to 
the applicant and issuine said license; and if a resident of the State of 



71 

Illinois, and a citizen of the United States, shall pay to the county, city or 
village clerk, the sum of seventy-five cents as a license fee, together with 
the sum of twenty-five cents as the fee of said county, city or village clerk 
for administering the oath to the ai3plicant and issuing said license. Said 
license shall bear ihe signature of the commission and the seal of the 
county, city or village in v/hich the same is issued and be countersigned by 
the said clerk. And such license, if a nonresident, is hereby authorized to 
take from the State not' to exceed in the aggregate fifty birds of all kinds' 
killed by himself or herself which shall be carried openly for inspection, 
together with his or her license. 

Every license issued shall be signed by the licensee in ink, and as 
aforesaid, shall entitle the person to whom issued to hunt, pursue or kill 
game or rabbits within this State at any time when it shall be lawful to 
hunt, pursue or kill such game, and no person to whom a license has been 
issued shall be entitled to hunt, pursue or kill game or rabbits in this State 
without at the time of such hunting, pursuing and killing of game or rabbits 
he or she shall have such license in his or her name and upon his or her 
person ready to exhibit the same for inspection, and such license be void 
after the first day of April next succeeding its issue: Provided, that the 
owner or owners of lands, their children, or tenants in actual residence 
upon the land shall have the right to hunt and kill game on such lands of 
which he or they are the bona fide owners or tenants during the season 
when it is lawful to kill game without procuring such residence license. 

Any person found guilty of violating any of the provisions of this 
section shall be deemed guilty of a misdemeanor and upon conviction thereof 
shall be fined in any sum not less than twenty-five dollars nor more than 
fifty dollars for each and every offense and shall stand committed to the 
county jail until such fine and costs are paid, but such imprisonment shall 
not exceed thirty days for each offense; or such person may be proceeded 
against in an action of debt in the name of the People of the State of 
Illinois for the recovery of the penalty herein prescribed. (Amended as 
above.) 

22S. Game Reservation, Penalty. 

Sec. 21a. The commission shall have the power and authority to estab- 
lish game and bird reservations or refuges in any county in the State 
where it shall be deemed necessary for the protection and propagation of 
game, and as a refuge or sanctuary for song and insectiverous birds, the 
land for such reservations to be leased at a nominal rental of one dollar per 
year for each parcel. On such reservations the commission may have 
planted in suitable grain for bird and game food, not to exceed five acres 
for each 1,000-acre reservation, and for such parcels as are so planted the 
commission may, if required so to do, pay a rental not to exceed the usual 
and customary rent of similar land in the vicinity or locality. 

It shall be unlawful to hunt, trap or ensnare in any way any game or 
birds within such reservation or to take or destroy the nests or the eggs of 
any wild birds or game in such refuges or reservations; and any person 
guilty of a violation of this section shall be subject for each offense to a 
fine of not less than fifty ($50) dollars nor more than two hundred ($200) 
dollars and costs of suit and shall stand committed to the county jail until 
such fine and costs are paid: Provided, that such imprisonment shall not 
exceed ten days. (Added by act as above.) 

229. Fishing License. Penalty. 

Sec. 22. It shall be unlawful for any person to fish in any waters under 
the jurisdiction of this State with seine, dip net, gill net, pound net, hoop 
net, fyke net, basket or trap net, except as hereinafter provided, without 
first obtaining a license so to do: Provided, that the owner or owners, their 
children, or the tenants of any land on which there is any lake, pond, 
slough or other water, wholly within the premises so owned or controlled 
and not connected with any open stream or extending beyond their juris- 
diction, may take, catch or kill any fish in the manner prescribed by law 



72 

v.ithout procuring; such a license. Each resident of this State shall pay 
for each license the following amounts respectively: 

(a) For each one hundred (100) yards of seine, or less (except minnow 
seines) five ($5) dollars. 

(b) For each dip net, one ($1) dollar. 

(c) For each hoop net, fifty (50) cents; fyke net one ($1) dollar; 
basket or trap net, fifty (50) cents. 

(d) For each steam tug used in operating gill nets or pound nets, 
twenty-five ($25) dollars. 

(e) For each gasoline launch used in operating gill or pound nets, fifteen 
($15) dollars. 

(f) For each sail beat, or row boat used in operating gill or pound nets, 
ten ($10) dollars. 

Each nonresident of this State shall pay for each such license the fol- 
lowing amounts respectively: 

(a) For each one hundred yards of seine or less (except minnow 
seines), ten ($10) dollars. 

(b) For each dip net, two ($2) dollars. 

(c) For each hoop or fyke net, two ($2) dollars. 

(dj For each steam tug used in operating gill nets or pound nets, two 
hundred ($200) dollars. 

(e) For each gasoline launch used in operating gill nets or pound 
nets, fifty (50) dollars. 

(f) For each sail boat or row boat used in operating gill nets or 
pound nets, thirty ($30) dollars. No license issued under the provisions of 
thitj section shall be transferred. (Amended as above.) 

230. Fishing License. Application. 

Sec. 23. Each county, city or village clerk is hereby authorized and 
empowered to issue all licenses referred to in the preceding section of this 
act upon the payment to such clerk of the amount of the license fee pre- 
scribed in the foregoing section, together with the sum of twenty-five (25) 
cents as the fee of such clerk. It shall be the duty of such clerk to issue to 
such applicant a license, bearing the signature of the commission, sealed 
with the seal of the county, city or village clerk, as the case may be, dated 
on the day of the issuance thereof and countersigned by said clerk. At th-e 
time the said payment is made the person making such payment shall receive 
from the clerk a metal tag, which shall be of uniform style and pattern, to 
be prescribed and furnished to the clerk by the commission. Such metal 
tag shall be attached to said devices or boats, in such a manner as to be at 
all times exposed to public view. 

231. Fish Market. License. 

Sec. 24. It shall be unlawful for any person to conduct a wholesale fish 
market for the purpose of buying and selling and shipping fish, or as a 
wholesale dealer to buy and sell any fish caught or taken in the waters under 
the jurisdiction of this State without procuring a license so to do. Such 
license may be procured from the city, village or county clerk upon the 
payment to such city, village or county clerk of a license fee of ten (10) 
dollars, together with the sum of fifty (50) cents as the fee of the clerk 
issuing, such license. Such license shall be signed, sealed and authenticated 
as other licenses required by this act. Each license issued under the pro- 
visions of this section shall entitle the person named therein to ship any 
fish authorized under this act to be sold and shipped which are caught in 
the waters under the jurisdiction of this State during the time when it is 
lawful to catch such fish and to conduct a fish market for the purpose of 
buying and selling for shipment fish authorized under this act to be bought 
and sold and which were caught in the waters under the jurisdiction of this 
State during the time when it is lawful to catch such fish, and to buy and 
sell such fish as a wholesale dealer, until the first day of May next following 
its issuance and no license shall be transferred. 

All licenses granted under this section shall expire on the first day of 
May of each year 



73 

It shall be unlawful for an^' railroad company, express company, steam- 
boat company, or common carrier, to receive from any person engaged in 
the business of buying, selling and shipping fish as herein provided any fish 
caught in the waters under the jurisdiction of this State for shipment unless 
the person so tendering such for shipment has obtained a license authorizing 
such person to ship fish in accordance with the provision? of this section. 

All fish found in the possession of the holder of such license which are 
of illegal kinds, sizes, or weights, are hereby declared to be contraband, and 
may be seized and disposed of by any member of the commission, any 
warden or deputy warden. (Amended as above.) 

232. Fish Preserves, Fish Hatchery, Fishing, Penalty. 

Sec. 25. The commission shall have power and authority to set aside, 
at its discretion, such waters within the jurisdiction of this State as they 
may judge best as State Fish Preserves, in which it shall be unlawful to fish 
with any device except hooks and lines. The commission shall post such 
waters at the outlet, and liighway crossings of the same, by conspicuous 
notice, and shall publish such notice once in a newspaper published in each 
of the counties in which such waters are located. If there be no newspaper 
published in such county, then the publication shall be made in like manner 
and for a like period in a county nearest to such waters wherein a news- 
paper is being published. 

Any person taking, catching or killing, or attempting to take, catch or 
kill, any fish with any device or by any method, except hooks and lines in 
any waters set apart under the provisions of this section, shall be deemed 
guilty of a misdemeanor, and on conviction thereof shall be sentenced, for 
the first offense, to pay a fine of not less than fifty ($50) dollars, nor more 
than one hundred ($100) dollars and for the second offense shall be fined 
not less than one hundred ($100) dollars nor more than two hundred ($200) 
dollars; and in either case shall stand committed to the county jail, there 
to remain until such fine and costs are fully paid: Provided, that the com- 
mission shall have the power to issue permits as they see fit, to take from 
such waters with seine or other device, such rough fish as they may desig- 
nate: Provided, further, that it shall be unlawful to catch or take at any 
time with any device any fish w'ithin one hundred (100) feet from any dam 
across any stream. 

It shall be the duty of the commission to select suitable locations for 
State fish hatching and breeding establishments, take all measures within 
their means for the propagation and increase of the native food fishes and 
also for the introduction of new varieties of food fishes into the waters of 
the State and upon the best terms possible to employ a practical and compe- 
tent fish culturist who shall perform all such duties as the commission shall 
direct. (Amended as above.) 

233. License Fees, Payment. 

Sec. 26. All license fees collected by the several city, village and county 
clerks in this State under the provisions of this act shall be paid into the 
State treasury at the end of each calendar month. 

23Ji. License, Alteration, Etc., Penalty. 

Sec. 27. Any person who shall at any time alter or change in any 
material manner, or loan or transfer to another any license issued as afore- 
said, then he shall be deemed guilty of a misdemeanor and on conviction 
thereof shall be punished by a fine of not less than ten dollars ($10.00) nor 
more than five hundred dollars ($500.00) or by imprisonment in the county 
jail not less than thirty (30) days nor more than one (1) year, or by both 
such fine and imprisonment in the discretion of the court. (Amended as 
above.) 
235. Prosecutions -for Violation, Fines, Payment. 

Sec. 28. All prosecutions for the violation of the provisions of this act 
relating to license shall be brought by any person in the name of the People 
of the State of Illinois against any person or persons violating any of the 



74 

provisions of this act so far as it relates to licenses, before any court of com- 
petent jurisdiction, and it is hereby made the duty of all States attorneys 
to see that the provisions of this act are enforced in their respective counties 
and they shall prosecute all offenders on receiving information of the viola- 
tion of any of the provisions of this act, and it is made the duty of all 
sheriffs, deputy sheriffs, constables and police officers to inform against all 
persons whom there is reasonable cause to believe are guilty of violating any 
of the provisions of this act, the amount recovered in any penal action under 
this 'act in so far as relates to licenses, shall be by the magistrate or court 
before whom the case is tried at once transmitted to the State Treasurer. 

236. Private Premises, Trespassing, Penalty. 

Sec. 29. It shall be unlawful for any person or persons to hunt with 
gun or dog, or allow their dogs to hunt within or upon the lands or premises 
of another, or upon the waters flowing over or standing on said lands or 
premises, without first obtaining from the owner, agent, or occupant of said 
lands or premises, his, her or their permission so to do. 

Sec. 30. Any person or persons violating section 29 of this act shall be 
deemed guilty of a misdemeanor, and shall, upon conviction, forfeit his 
license and may be prosecuted in the name of the People of the State of 
Illinois before any justice of the peace or by indictments or information in 
any court in any county: Provided, that in all such prosecutions the owner 
or owners or person in possession of said grounds or lands shall not be 
required to prove title to the grounds or lands in controversy. 

Sec. 31. Any person violating section 29 of this act shall be fined in a 
sum of not less than five dollars ($5.00), and not to exceed fifteen dollars 
($15.00), and shall stand committed to the county jail until such fine and 
costs are fully paid. 

237. Otvnership in Fish. 

Sec. 32. That the ownership of and title to all fish in any waters within 
the jurisdiction of this State is hereby declared to be in the State and no 
fish shall be caught, taken or killed in any manner or at any time except 
the persons so catching, taking or killing such fish shall consent that the 
title to said fish shall be and remain in the State for the purpose of regulat- 
ing the possession, use, sale or transportation thereof after such taking, 
catching or killing. 

23S. Fishing Devices. 

Sec. 33. It shall be unlawTul for any person to catch, take or kill, or 
attempt to catch, take or kill, any fish in any of the lakes, rivers, creeks, 
sloughs, bayous or other waters, or water courses within the jurisdiction of 
this State, except subject to the restrictions and by the means and devices, 
and at the time prescribed by this act. 

Sec. 34. Fish of legal size and weight, may be caught, taken, or killed 
with hook and line, and with rod and reel, running line, or artificial bait or 
lure, at any time. Frogs of more than one-quarter of a pound shall not be 
caught, taken, or killed within the jurisdiction of this State by any means 
whatsoever, during the months of May and June of each year. (Amended 
as above.) 

Sec. 35. It shall be lawful to catch and take all kinds of fish, except black 
bass, pike, pickerel, pike perch (commonly know'n as jack or yellow salmon) 
white fish, trout, chubs, long jaws, black fins, lake perch and herring, witn 
hoop or fyke nets, dip nets or baskets, the meshes of which are not less 
than one and one-half inches square between the 1st day of July of any 
year and the 15th day of April of the next succeeding year or with seines 
the meshes of which are not less than one and one-half inches square between 
the 1st day of September and the 15th day of April of the next succeed- 
ing year. (Amended as above.) 

Sec. 36. White fish and trout may be caught and taken only with gill 
nets and with pound nets, the meshes of which are not less than two and 
one-quarter inches square, between the first day of December of any year 
and the first day of November of the next succeeding year. 



Only chubs, long jaws, black fins and herring may be caught and taken 
with gill nets, dip nets, and with pound nets, 'the meshes of which are not 
less than one and one-quarter inches square: Provided, that lake perch may 
be caught and taken with gill nets, dip nets and pound nets, the meshes of 
which are not less than one and one-sixteenth (1 1/16) inches square: Pro- 
vided, further, that it can be shown that not over 10 per cent of the entire 
catch taken in such nets at any one lift shall consist of trout of a less weight 
than one and one-quarter pounds, dressed, each, and provided that such trout 
so caught or taken may be sold at, but shall not be shipped from the place 
where such trout were caught or taken. (Amended as above.) 

Sec. 37. It shall be lawful to catch or take minnows, for bait only, by 
the use of minnow seines or traps, the meshes of which shall not be less 
than one-quarter of an inch square, nor shall the length of any minnow 
seine be more than twenty feet (20): Provided, however, that any person 
so fishing for minnows for bait in the manner prescribed, shall at once 
return to the water uninjured all fish of whatever size or length, except such 
as are commonly known as minnows. 

It shall also be lawful to catch and take minnows for bait in the manner 
prescribed in this section in any water or waters set aside as State fish 
preserves in accordance with the provisions of section 25 of this act. 
(Amended as above. ) 

Sec. 38. It shall be lawful for the commission, or for any duly authorized 
official of the United States, or persons authorized by them, to catch and 
take fish in any w'ay at any time and at such places as they may deem best 
for the purpose of propagation, distribution, or the destruction of objection- 
able fish, and for the University of Illinois or its agents to do likewise for 
scientific purposes. 

Sec. 39. No hoop or fyke net, or pound net shall be more than two 
hundred (200) yards in length, and seines not more than one thousand 
(1,000) yards in length, or shall be set, placed or used by any person or 
persons in such manner as to obstruct more than one-half of the width of 
any stream, river, lake, slough, bayou, or other water course within the 
jurisdiction of this State. All gill nets and pound nets shall be set and lifted 
only by the use of a tug, launch, sail boat or row boat licensed as herein 
provided. (Amended as above.) 

239. Catching Fish with Chemicals, Etc., Penalty. 

Sec. 40. Every person who shall at any time catch, take or kill, or 
attempt to take, catch or kill, any fish in any of the rivers, lakes, ponds, 
creeks, streams, canals, sloughs, bayous or other waters or water courses 
wholly or in part within the jurisdiction of this State by the use of lime, 
acid, medical, chemical or mechanical compound or dope of any medicated 
drug or any cocculus inducus or fish berry, or any dynamite, or giant powder, 
nitro-glycerine or other explosive, upon conviction shall be fined not less 
than oiie thousand ($1,000) dollars, nor more than two thousand ($2,000) 
dollars or punished by imprisonment tor one year in the penitentiary, or 
by both fine and imprisonment, at the discretion of the court. (Amended 
as above.) 

.?40. Unlawful Structures. 

Sec. 40a. It shall be unlawful for any person to have, erect or use, while 
fishing on or through the ice, any house, shed, tent or shanty, or other 
structure so constructed as to wholly or in part exclude the daylight or 
which may be used for the purpose of concealment. 

Any person violating any of the provisions of this section shall be 
deemed guilty of a misdemeanor and upon conviction thereof shall be pun- 
ished by a fine of not less than twenty-five (25) dollars nor more than two 
hundred (200) dollars, and costs, and shall stand committed to the county 
jail until such fine and costs are fully paid. 
2Jfl. Catching Fish, Fire Arms. Etc., Penalty. 

Sec. 40b. Every person who shall at any time catch, take or kill, or 
attempt to catch, take or kill any fish in any of the rivers, lakes, ponds, 



creeks, streams, canals, sloughs, bayous or other waters or water-courses 
wholly or in part within the jurisdiction of this State, by the use of any 
kind of Are arms, or by the use of jack or artificial light of any kind, or 
with snare spear, gig graines, or trammel nets, shall be deemed guilty of a 
misdemeanor, and upon conviction shall be fined not less than ten ($10) 
dollars, nor more than twenty-five ($25) dollars, and shall stand committed 
to the county jail until such fine be paid: Provided, that such imprisonment 
shall not exceed ten (10) days. 

Nothing in this section shall be construed to forbid the use of an ordi- 
nary lamp or lantern strictly for illuminating purposes and not for the 
purpose of "shining," luring or attracting fish. 

It shall be unlawful for any person to catch, take or kill, in any manner 
or by any means whatsoever, any fish in, upon or from any water in any 
quarry, quarry hole, natural or artificial lake, fish pond or reservoir, or 
other artificial or natural depression upon the premises of any other person 
within the jurisdiction of this State, without the consent of the owner or 
person in charge thereof. (Amended as above.) 

2If2. Pole and Line. 

Sec. 41. It shall be unlawful to catch, take or kill by any means or 
device whatsoever, except by pole and line, or to sell or offer for sale, or 
have in possession any of the following named fish mentioned below which 
are less than the length mentioned for each: 

Black bass, ten inches. 

Pike or pickerel, eighteen inches. 

White or striped bass, eight inches. 

Rock bass, six inches. 

Crappie, eight inches. 

Yellow or ringed perch, seven inches. 

Pike perch or wall-eyed pike, thirteen inches. 

Provided, that if any such under-sized fish is taken in any manner 
except by pole and line, the person taking it shall immediately return it to 
the waters from which it was taken, without unnecessary injury to such fish. 

Provided, further, that it shall be unlawful at any time to sell, offer for 
sale or expose for sale or have in possession for the purpose of selling any 
black bass, pike, pickerel or pike perch (commonly known as wall eyed 
pike, jack or yellow salmon), caught, taken or killed in waters within the 
jurisdiction of this State. 

Provided, further, that after January 1, 1916, it shall be unlawful at any 
time to sell, offer or expose for sale or have in possession for the purpose 
of selling any black bass, whether caught or taken within or without this 
State: And, provided, also, that black bass, pike, pickerel and pike perch 
(commonly known as wall eyed pike, jack or yellow salmon), may be caught, 
taken or killed with hook and line only. (Ameiiued as above.; 

2Ii3. Undertoeight and TJndersize Fish. 

Sec. 42. It shall be unlawful to catch, take or kill by any means or 
device whatsoever, or to sell or offer for sale, or have in possession (unless 
caught with hook and line) any of the following named fish below which are 
less than the weight or length mentioned for each: 

Lake perch, seven inches. 

Buffalo, eighteen inches. 

German carp, fifteen inches. 

Sunfish, four inches. 

Blue or channel catfish, thirteen inches. 

Lake trout, one and one-quarter pounds dressed. 

Whitefish, one and one-quarter pounds dressed. 

White perch, ten inches. 

Bullhead cat, seven inches. 

Turtle or terrapin, seven inch shell. (Amended as above.) 



77 

2Jflf. Weight and Size of Fish, Evidence. 

Sec. 42a. The possession by any person of any fish under the size or 
weight prescribed in this act, except as hereinbefore provided for, shall be 
prima facie evidence that such fish were the property of the State of Illinois, 
at the time they were caught, taken and killed, and such fish were caught, 
taken and killed in this State. Any person receiving in due course of 
business any fish less than the weight or size prescribed in this act, shall 
immediately upon receipt of such fish, notify the commission, a warden or 
deputy warden of such fact. Upon receipt of such notice it shall be the duty 
of the commission, the warden or deputy warden, as the case may be, to 
seize same and donate such fish to some public or charitable institution. 

For the purpose of this act the length of each fish herein mentioned 
shall be construed to be the length of the entire fish from the extreme tip 
of the snout to the extreme end of the tail fin, and the length of turtle or 
terrapin to be from and to the extreme ends of the upper shell. (Amended 
as above.) 

245. Shipvient and Transportation of Fish. 

Sec. 43. It shall be unlawful at any time to transport, or ship any black 
bass, pike, pickerel, or pike perch (commonly known as wall-eyed pike, jack 
or yellow salmon), caught in waters under the jurisdiction of this State: 
Provided, that any person may carry with him, or transport as baggage, on 
any train or conveyance for which he has purchased a transportation ticket, 
one package and no more, at any time, and during any one day, containing 
not more than twenty-five black bass, pike, pickerel and pike perch (com- 
monly known as wall-eyed pike, jack or yellow salmon), legally caught and 
taken in the waters under the jurisdiction of this State: Provided, that 
such package, when offered as baggage, shall be plainly labeled so as to show 
the name of the person offering the same for transportation, the place to 
which it is to be transported and the number of fish of each kind contained 
therein, and the number of the license of the person offering such fish for 
transportation, if any such license is required. (Amended as aoove. ) 

2//6. Fishing, Season. 

Sec. 44. It shall be unlawful to sell or ship, offer for sale or shipment, 
or receive for shipment, from and including the fifteenth day of April to 
and including the first day of July of each year,' any fish or frogs more than 
one-quarter of a pound in weight caught in any of the waters under the 
jurisdiction of this State: Provided, that white fish, trout, long jaws, chubs, 
black fins, herring and lake perch of lawful size may be sold or shipped, 
offered for sale or shipment, or received for shipment, at any time: Pro- 
vided, further, that black bass, pickerel, pike or pike perch (commonly 
known as wall-eyed pike, jack or yellow salmon), lawfully caught in waters 
under the jurisdiction of this State may be lawfully transported as baggage 
and as provided in section 43: Provided, further, that there shall be allowed 
five days after close of the fishing season to dispose of or to ship all fish, 
legally caught and taken previous to the close of the fishing season. 
(Amended as above.) 

247. Shipping, Tags. 

Sec. 45. It shall be unlawful for any railroad company, express com- 
pany, or common carrier, to ship or transport,' or receive for shipment or 
transportation or to have in possession for the purpose of shipment to any 
point either within or, without this State, any box, barrel, crate, or other 
receptacle containing fish, unless such box, barrel, crate, or other receptacle 
shall have firmly fixed and attached thereto a tag on which shall be printed 
or written, or partly printed and partly written, information stating the 
different varieties of fish contained in each box, barrel, crate, or other 
receptacle, the name and place of business of the consignor, the number of 
the license of the consignor whenever such license is required and the name 
and place of business of the consignee. 



78 

2^8. Fish Hatching. 

Sec. 46. It shall be the duty of the commission to select suitable loca- 
tions for State fish hatching and breeding establishments, take all measures 
within their means for propagation and increase of the native food fishes 
and also for the introduction of new varieties of food fishes into the waters 
of the State upon the best terms possible to employ a practical and com- 
petent fish culturist who shall perform all such duties as the commission 
shall direct. 

2JfiK Fishing Devises, Seizure. 

Sec. 47. It shall be the duty of any member of the commission, any 
warden, deputy warden, constable and sheriff to summarily seize and take 
possession of any device for taking or killing fish herein declared to be 
unlawful and the use of which is prohibited; he shall thereupon report such 
seizure to the State's attorney and deliver such device to the sheriff, who 
shall forthwith file in the office of the county clerk or circuit clerk an 
information in the name of the People of the State of Illinois, against the 
alleged owner or owners thereof, and of facts of the seizure and unlawful 
chaiacter of the device; whereupon it shall be the duty of the clerk of the 
County or Circuit Court to immediately issue two writs of summons in the 
name of the People of the State against such alleged owner or owners; 
or if the owner or owners be unknown, against the unknown owner or 
owners thereof and shall deliver one summons to the sheriff, to be served, 
and returned in the same manner as a summons at law is served, and shall 
post one summons in a conspicuous place at the court house door in such 
county, and shall docket such case with the criminal cases of such court; 
and upon the expiration of ten days after the posting of such notice, the 
Circuit or County Court of such county, if then in session or when next in 
session thereafter, shall have full jurisdiction thereof upon the clerk's certi- 
ficate that he posted the notice therein required, of the sheriff's return of 
summons served, or both, and shall proceed to a trial of said case; and if no 
plea denying the information be filed therein, the court shall take the in- 
formation as prima -facie evidence to support a judgment therein, shall enter 
an order that the device subject of the information be condemned, and that, 
upon the expiration of twenty days after the last day of that term of court, 
such condemned device be sold or destroyed as hereinafter provided, which 
order shall be certified to the sheriff by the clerk and be by such sheriff 
returned, with the manner of its execution; and if a plea be entered in said 
case, the court shall proceed to determine whether such device be unlawful 
and its use prohibited by this act as in other cases without a jury unless 
demanded; and shall enter judgment of restitution or condemnation accord- 
ingly, and no recovery by the owner or owners or other persons for the 
value of such property so seized and destroyed in conformity with this act 
shall be maintained: Provided, however, that such seine or nets so seized, 
the meshes of which are of legal size, shall be sold by the sheriff and the 
proceeds thereof be paid forthwith into the State treasury: And. provided, 
further, that any device for taking or killing fish herein declared to be un- 
lawful and its use prohibited which shall have been seized as aforesaid, 
shall, by order of court, be destroyed. 

Appeals and writ of error shall lie from the judgment of the court in 
the premises as in other cases. 

250. Contraband. 

Sec. 48. All fish and game caught, taken, killed, shipped or had in pos- 
session or under control contrary to any of the provisions of this act are 
hereby declared tc be contraband, and it shall be the duty of the commis- 
sion to seize and dispose of any and all fish and game shipped or had in 
possession by any person in violation of this act. (Amended as above.) 

251. Dams and Fishioays. Constrnction. Etc. 

Sec. 49. That it shall be the duty of any person or persons who now 
own or control, or hereafter may erect or control any dam or other obstruc- 



tion across any of the rivers, creeks, streams, bayous or oilier water courses 
wholly within or running through this State in such manner as shall 
obstruct the free passage of fish up and down or through such water or water 
courses, to place or cause to be erected in or in connection with such dam 
or dams, durable and efficient fishways, so that the free passage of fish up 
raid down said waters may not be obstructed. All such fishways shall be 
maintained and kept in good repair by the person or persons so owning or 
controlling such dam or other obstruction, during the whole time of the 
existence of such dam or other obstruction, as aforesaid, so that said fishway 
shall at all times be open and free from obstruction for the passage of fish. 

And in case the owner or persons controlling, operating or using any 
dam or other obstruction, as aforesaid, shall fail or refuse, after ten days' 
notice, in writing, by the president of the commission to construct and keep 
in good repair durable and efficient fishways, as provided in this act, then 
the commission may construct, or cause to be constructed, durable and 
efficient fishways, or place the same in good repair, said work to be let by 
contract to the lowest responsible bidder, and may recover in any action 
of debt in the name of the People of the State of Illinois, before any justice 
of the peace or court of competent jurisdiction the cost of constructing or 
]"epairing such fishv/ay. Any person or persons or corporations owning or 
controlling any such dam or other obstruction, who shall fail or refuse to 
comply Avith the provisions of this section with respect to the construction 
and maintenance in good repair of such fishways in any such dam, after 
having been notified in writing by the commission to construct or repair 
the same, shall be deemed guilty of a misdemeanor, and for each and every 
twenty days after such notification that such person or persons shall neglect 
or refuse to comply with the provisions of this section in erecting, main- 
taining and keeping in good repair such fishways, he or they shall be sub- 
ject to a penalty of not less than twenty-five ($25) nor more than two 
hundred ($200) dollars. 

All fishways built as provided in this act, if constructed to the satis- 
faction and approval of the commission, then every owner or person con- 
trolling such dam or other obstructions as provided in this act, may obtain 
from such commission a certificate that such fishways are constructed in 
compliance with this act, which certificate shall be a full protection against 
any prosecution for violation of this act for not providing a fishway. Such 
certificate may be suspended at any time by the commission when such 
fishway is not maintained or repaired as herein required. If such person 
or persons so ow'ning or controlling any such dam or other obstruction 
shall fail to construct or maintain such fishway to the satisfaction of the 
commission, then it shall be prima facie 'evidence of the violation of this 
act: Provided, that no owner or owners of any dam or dams shall be 
required by this act, or any other act, to construct or allow the construction 
of any fishway in such manner as to endanger the permanent durability of 
such dam or dams, or to impair their usefulness. Nor shall they be required 
to construct or repair such fishways by using some particular patent on 
w^hich a patent fee is demanded, or to construct or repair such fishway 
when high water or climatic conditions may render such work imprac- 
ticable. The commission to determine whether or not such fishway will 
endanger the permanent durability of such dam, or impair its usefulness 
as to such high water or climatic conditions, and in case the owner or 
owners of such dam dissent to the decision of such commission, then a 
board of arbitration shall be chosen to determine such matters: One by 
the commission; one by the owner or owners of such dam. and the two so 
chosen shall select a third within thirty (30) days after their selection, and 
if not so selected within thirty days, then the third one shall be selected by 
the Governor of the State, and the decision of such arbitrators, so chosen, 
shall be final. 

2.T2. Tags and Labels. Penalty. 

Sec 50. Any person who shall falsely label any tag attached to any 
box, barrel, crate or other receptacle in which fish are shipped, as required 
by this act, shall be deemed guilty of a misdemeanor, and upon conviction 



80 

thereof shall be fined in any sum not exceeding two hundred ($200) dollars, 
or imprisonment in the county jail not less than ten (10) days nor more 
than ninety (90) days, in the discretion of the court, or punished by both 
such fine and imprisonment. 

253. Terms Defined. 

Sec. 51. The word "person" when used in this act shall include any 
individual, company, partnership, association, corporation or any agent or 
employee thereof. The term "objectional fish" as used in this act shall he 
construed to mean the following: Gar and hickory shad. (Amended as 
above.) 

25Jf. Inspection, Poiver of. 

Sec. 52. In the enforcement of the provisions of this act relating to fish 
any member of the commission or any warden or deputy warden shall have 
the right to inspect and examine any fish wherever found within the confines 
of the State and in order to make any such inspection or examination he 
shall have the right and it is made his duty to open any box, barrel or other 
package or container wherein he has cause to believe any fish are contained 
or stored. 

255. Resisting Official, Penalty. 

Sec. 53. Whoever shall resist or obstruct any member of the commission, 
any warden or deputy warden in the discharge of his duties under the 
provisions of this act, shall be deemed guilty of a misdemeanor, and upon 
?;onviction thereof, shall be fined not less than twenty ($20) dollars nor 
more than one hundred ($100) dollars for each offense. 

256. License, Revocation. 

Sec. 54. Whenever a license shall have been issued to any person under 
the provisions of this act and such licensee shall violate any of the pro- 
visions of this act the license so issued to such person shall be immediately 
revoked by the commission. 

257. Catching Mussels, License, Application, Penalty. 

Sec. 55. It shall be unlawful to take, catch or kill mussels for commer- 
cial purposes without a license issued by this State. Said license shall be 
procured from any county, city or village clerk in the manner prescribed 
in section 21 for procuring a license to hunt or kill game. On making 
application for such license, residents of this State shall pay a fee of one 
dollar with a notary fee of twenty-five cents, and nonresidents shall pay a 
fee of twenty-five dollars, with a notary fee of fifty cents, and for authority 
to use a dredge, a fee of twenty-five dollars in addition to the fee fixed for 
a resident or nonresident license. All such licenses shall be valid only from 
the 15th day of April to the 30th day of November of each year, both dates 
inclusive. Licenses shall be consecutively numbered as issued and a record 
shall be kept thereof in the office of the commission. Such license shall 
state whether it is a resident or nonresident license, whether the licensee 
is authorized to use a dredge, and the amount paid for the license. Said 
license shall also state what waters have been closed to the capture of 
mussels. 

Every person, while taking, catching or killing mussels for commercial 
purposes, shall have his license with him ready for exhibition and shall 
exhibit the same when requested to do so by an authorized officer. 

Any person, firm or corporation to whom a license under the provisions 
of this section has been issued may operate not more than one boat in 
taking, catching or killing mussels for commercial purposes. Any such 
persons, firm or corporation may use one additional boat for purposes of 
towing only when no apparatus for taking, catching or killing mussels is 
used or kept thereon. 

It shall be unlawful to have in possession on the waters while engaged 
in 'taking, catching, or killing mussels for commercial purposes more than 
two crowfoot bars, or more than one dredge, or to use or have in possession 



SI 

a crowfoot bar of greater length than sixteen feet, or a dredge the length 
of the opening of which is more than three feet, or to have in possession 
on the waters while engaged in taking, catching or killing clams, a dredge 
without licensed authority therefor. 

Any person, firm or corporation violating any of the provisions of this 
section shall be deemed guilty of a misdemeanor and upon conviction thereof 
shall be punished by a fine of twenty-five dollars, or by imprisonment in the 
county jail not less than twenty days. (Amended as above.) 

258. Undersize Mussels, Penalty. 

Sec. 56. It shall be unlawful to take, catch or kill, offer for sale or 
have in possession for commercial purposes, any mussell of a size less than 
two inches in greatest dimension, except mussels taken in the ordinary 
course of clamming for larger mussells, and such undersized musesls shall 
be immediately culled and returned to the water whence taken without 
avoidable injury. 

Any person, firm or corporation violating any of the provisions of this 
section shall be deemed guilty of a misdemeanor and upon conviction thereof 
shall be punished by a fine of fifty dollars or by imprisonment in the county 
jail not less than thirty days. (Amended as above.) 

^.5,9. Mussels Preserves. Penalty. 

Sec. 57. The commission may from time to time and as may be required 
for the conservation of the mussel resources of the State, prescribe areas in 
any part of the State from w'hich mussels shall not be taken for such a 
period as may be specified by the commission, but no such period shall 
exceed five (5) years nor shall more than one-half (14) of the mussel pro- 
ducing waters of the State be closed at the same time. It shall be unlawful 
to take, catch or kill mussels for commercial purposes in waters so closed. 

All orders of the commission affecting mussels shall be published once 
in a newspaper of general circulation, published within each county contain- 
ing or having on its boundary waters affected by such order. If there be no 
newspaper in such county, then the publication shall be made in like manner 
and for a like period in a county nearest to such waters wherein a newspaper 
is being published. 

All such orders shall take effect at the time fixed therein, but not less 
than thirty days after the publication thereof. The commission may extend 
The time within which such order shall take effect. 

•Any person, firm or corporation who shall violate the provisions of this 
section in taking, catching or killing mussels for commercial purposes in 
any waters of this State which have been declared closed areas by the com- 
mission shall be deemed guilty of a misdemeanor and upon conviction thereof 
shall be punished by a fine of one hundred (100) dollars, or by imprisonment 
in the county jail not less than sixty days. (Amended as above.) 

2f<0. Mussels Caught. Report. Seizure, Terms Defined. 

Sec. 58. On or before rhe 30th day of November of the year in which 
any license was issued, the holder thereof shall make a w'ritten report to the 
commission on blanks furnished by the commission, stating the total weight 
of mussels taken, caught or killed under such license, the names and loca- 
tions of waters from which the mussels were taken and the amount received 
for shells sold. Upon failure to make such report, the commission shall not 
issue another license to such person, firm or corporation to take, catch or 
kill mussels until such report shall be made. 

All moneys received under the provisions of this section shall at the 
end of each month be paid into the State treasury. 

The commission shall enforce the law relating to mussels and for the 
purpose of carrying into effect said law the commission, wardens and their 
deputies are authorized and empcw'ered, without warrant, to arrest any one 
violating any of the povisions of this section, and to seize mussels and 
devices adapted to taking, catching, or killing mussels, and to inspect and 

— 6 A G I 



82 

examine mussels in any wareliouse, boat, store, car, conveyance vehicle, 
basket or other receptacle, when they have good cause to believe that any 
of the provisions of the law relating to mussels has been violated, except 
when it is necessary forcibly to enter a dwelling house. Any court having 
jurisdiction of the offense, upon receiving proof of probable cause for believ- 
ing that mussels illegally taken, caught, killed or had in possession are 
concealed, shall issue a search warrant and cause a search of the alleged 
place of concealment to be made. The confiscation and sale of mussels by 
the commission, wardens or deputies shall proceed in the manner provided 
by law for the sale of confiscated game. 

The terms hereinafter enumerated and as used in this act shall be taken 
tci mean as follows : 

(1) "Mussels" shall mean and embrace the pearly fresh water mussel, 
or clam, or Naiad, and the shell thereof. 

(2) "Crowfoot bar" shall mean a bar of any material bearing a series 
of hooks designed to catch or adapted' for catching mussels by the insertion 
of such hooks between the shells of mussels. 

(3) "Dredge" shall mean any implement of capture which is adapted 
for dragging the bottom of waters and is operated with or without the aid 
of mechanical power, except the crowfoot bar. 

(4) "Commercial purposes" shall mean and be presumed to include 
the taking, catching or killing of any mussels and having in possession or 
mussels, unless the contrary is proven. (Amended as above.) 

2<U. Process, Service. Prosecutions. Etc. 

Sec. 59. Each member of the commission, the wardens and the deputies 
'shall have full power to execute and serve all warrants and processes of law 
issued by any justice of the peace or police magistrate, or by any court 
having jurisdiction under this act in the same manner as any constable may 
serve and execute such processes, and may arrest on sight and without 
warrant, any person detected by him actually violating any of the provisions 
of this act, and may take such person so offending before any court having 
jurisdiction of the offense and make proper complaint before such court 
which shall proceed with the case in the manner and form provided by the 
law for misdemeanors. It shall further be the duty of the commission, 
•wardens or the deputies, upon receiving any information that any law 
relative to game, birds and fish has been violated, to immediately cause a 
thorough examination of such complaint to be made, and to cause proceed- 
ings to be instituted if the proof at hand warrants, and all sheriffs, deputy 
sheriffs, coroners and police officers of the State shall, each and every one 
of them, assist the commission, wardens and deputies in the enforcement of 
this law, the same as it is their duty to assist in the enforcement of other 
laws and such commission, wardens and deputy w'ardens shall seize on sight, 
without process, any game or fish found in the possession of any person or 
corporation which is so in possession contrary to law. 

SG2. Permits or Certificates for Scientific Purposes. Bond, Fees. 

Sec. 59a. Nothing in this act shall be construed to prevent the issuing 
of certificates granting to persons the right to breed and sell game biras 
and game animals ^(n- nronagation and scientific purposes, or to breed and 
raise fur-bearing animals for their fur or for propagation purposes. 

Such certificates may be granted by the commission to any person of the 
age of twenty-one years and upwards. In order to obtain such certificates 
the applicant for the same must pay to the said commission a license fee of 
two dollars ($2), and must file Avith said commission a properly executed 
bond in the sum of five hundred dollars ($500), signed by tw'o responsible 
citizens of the State as sureties. This bond shall be forfeited to the State 
and the certificate become void upon nvoof that the ho'dev of such certificate 
has sold any game bird or game animal for any purpose other than for 
propagation or scientific purposes, or, in case of a certificate granting the 
right to breed and raise fur-bearing animals for their fur and for propaga- 
tion purposes, that the holder thereof has killed any such fur-bearing animals 



83 

during the closed season therefor. The certificate authorized by the pro- 
vision of this section shall expire on the first day of June following date of 
issue, and shall not be transferable. (Added by act as above.) 

263. Penalty, Separate Offense. 

Sec. 60. Any person violating any of the provisions of this act, except 
as otherwise provided herein, shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall for each offense be punished by a fine of not 
less than ten ($10) dollars, nor more than two hundred ($200) dollars and 
costs and shall stand committed to the county jail until such fine and costs 
are paid. 

Each fish caught, killed, captured, shipped, offered or received for ship- 
ment, sold or offered for sale, or had in possession contrary to the provisions 
of this act, and each net or other device used in violation of the provisions of 
this act, shall constitute a separate offense. 

All fines imposed for a violation of any of the provisions of this act 
shall, when collected, be paid to the State Treasurer, by the justice of the 
peace, clerk of court, or other officer by whom such fine is collected. 

261/. State's Attorney, Prosecutions, Fines, Payment. 

Sec. 61. All prosecutions under the provisions of this act except as other- 
wise herein provided, shall be brought by any person in the name of the 
People of the State of Illinois against any person or persons violating any 
of the provisions of this act before any justice of the peace of any county 
(and said justice may, on proper evidence of guilt, bind said violator to the 
grand jury), or before any court of competent jurisdiction; and it is hereby 
made the duty of the S':a,t s attorn'-y (s i 'O s e laar tinj niovisions of this 
act are enforced in their respective counties; and they shall prosecute all 
offenders upon receiving information of the violation of any of the pro- 
visions of this act; and it is made the duty of the sheriff, constable and 
police officers to inform against all persons whom there is a probable cause 
to believe are guilty of violating any of the provisions of this act; the 
anifunt recovered m any penal action under the provisions of this act shall 
be paid into the State treasury. 

265. Limitation. 

Sec. 62. All prosecutions under this act shall be commenced within one 
year from the time such offense was committed, and not afterward. 

266. Sheriffs, Etc., Duty. 

Sec. 63. It shall be the duty of all sheriffs, deputy sheriffs, coroners, 
constables, police officers, and all other conservators of the peace to enforce 
the provisions of this act. 

267. Report. 

Sec. 64. The commission shall make an annual report to the Governor, 
setting forth the conservation work of the commission during the preceding 
year, and shall contain any recommendations of the commission for the 

better attainment of the objects of this law. 

268. Repeal. 

Sec. 65. An Act entitled, "An Act for the protection of game, wild fowls 
and birds, and to repeal certain acts relating thereto, approved April 28, 
1903, and in force July 1, 1903, as amended by act approved May 18, 1905, 
in force July 1, 1905, as further amended by act approved May 28, 1907, in 
force July 1, 1907, as further amended by act approved June 15, 1909, in 
force July 1, 1909, as further amended by act approved June 5, 1911, in force 
July 1, 1911," and an act entitled, "An Act to revise the law in relation to 
the propagation and protection of fish in all the waters under the jurisdiction 
of the State of Illinois, approved June 7, 1911, in force July 1, 1911," and an 
act entitled "An Act for the protection of mussels, fresh water clams and 
shell fish, approved February 24, 1908, in force July 1, 1908," and all acts and 
parts of acts inconsistent herewith are hereby repealed. 



84 

PURE FOOD. 

=^An Act to prevent fraud in the sale of dairy products, their imitation or 
substitutes, to prohibit and prevent the manufacture and sale of un- 
healthful, adulterated ur misbranded food, liquors or dairy products, to 
provide for the appointment of a State food commissioner and his assist' 
ants, to define their powers and duties and to repeal all acts relating to 
the production, manufacture and sale of dairy and food products and 
liquors in conflict hereivith. Approved May 1/f, 1907, in force July 1, 
1907. L. 1907, p. 5-'f3. 
269. Appointment of Food Commissioner and Establishment of Food De- 
partment. 
-^Section 1. That the Governor shall appoint a commissioner who shall 
be known as the State food commissioner who shall be a citizen of the State 
of Illinois, and who shall hold his office for a term of four years and until 
his successor is appointed and qualified, and who shall receive a salary of 
thirty-six hundred dollars per annum, and his necessary expenses incurred 
by him in the discharge of his official duties, and who shall be charged with 
the enforcement of all laws that now exist or that hereafter may be enacted 
in this State regarding the production, manufacture, sale and labeling of 
food as herein defined, and to prosecute or cause to be prosecuted any per- 
son, firm or corporation, or agent thereof, engaged in the manufacture or sale 
of any article manufactured or sold in violation of the provisions of any 
such law or laws. The commissioner shall provide himself with a seal for 
the authentication of his orders, records or other proceedings, upon which 
sliall be inscribed the words. State Pood Comimissiox. Illinois — Seal. 

The Governor shall also appoint from time to time, as required, a Food 
Standard Commission, for the purpose of determining and adopting stand- 
ards of quality, purity or strength, for food products, for the State of 
Illinois, to consist of three members, one of whom shall be the State food 
commissioner or his representative, who shall serve without extra pay; one 
of whom shall be a representative of the Illinois food manufacturing indus- 
tries, and one of whom shall be an expert food chemist of known reputation: 
all to be citizens of the State of Illinois, who shall receive fifteen ($15) 
dollars per day for a period not exceeding thirty (30) days in one year, and 
necessary expenses incurred during the time employed in the discharge of 
their duties. The said commission shall provide itself with a seal for thy 
authentication of its standards, records or other proceedings, upon which 
shall be inscribed the words, Food Standard Coiimission — Illinois — Seal. 
A certified copy of the records of the Food Standard Commission, showing 
the standard of quality, purity and strength adopted and promulgated by it 
for food products shall be received in all courts as evidence that such 
standard was adopted. A certificate in the following form shall be sufficient: 

"I secretary (or member) of the Food Standard 

Commission of Illinois, and the custodian of the records thereof, do hereby 
certify that the attached is a true, correct and complete copy of the standard 

for adopted and promulgated by the Food Standard Commission on 

the day of 19 . . . and published in 

Given under my hand and the seal of said commission this day 

of 



2 2 The prevention of fraud and deception in Thisact does not deprive a municipality of the 
the manufacture of food is a legitimate exercise power to pass an ordinance prohibiting the sale of 
of the police power of the State; and the Pure Food impure, unwholesome, adulterated or injurious 
Law is valid in so far as it makes it impracticable food or substances, if the ordinance is not in con- 
to commit the fraud of sellinp; as genuine cider llict with the Pure Food Act; the fact that the 
vinegar other vinegar made so in appearance that penalty under the ordinance is less than that pro- 
the ordinary purchaser cannot distinguish between vided by the State law const itutcs no such conflict 
them. People v. Ilenninp Co. (1913), 260 111. 554, or repugnancy. Citr/ of Chicago v. Union Ice 
558. To the same cft'ect see People v. Freeman Cream Mamijacturine Co. (1911), 252 111. 311. 
(1909), 242 111. 373, 379. " Uopealed by the Civil Administrative code. 

The prohibition of the sale of adulterated food except part relating to certification, the issue of 

within this State is a valid e.xercise of the police bulletins, and the making of analyses for charitable 

power and is not repugnant to the commerce institutions. 
clause of the Federal constitution. People v. Price 
(1913), 257 111. 587, 595, afl'd in 238 U. S. 446, 454. 



The said commissioner is liereby authorised to appoint, with the advice 
and ccnsen:: of the Governor, one assistant commissioner, who shall be a 
practical dairyman, whose salary shall be three thousand dollars (,$3,000.00)1 
per annum and expenses incurred in official duties; one chiei chemist, who 
^shall be known as State analyst, whose salary shall be twenty-five hundred 
dollars ($2,500.00) per annum and expenses incurred in the discharge of 
official duties; one attorney, whose salary shall be eighteen hundred dollars 
($1,800.00) per annum and expenses incurred in the discharge of official 
duties; one chief clerk, whose salary shall be eighteen hundred dollars 
($1,800.00) per annum and expenses incurred in the discharge of official 
duties; one assistant clerk, whose salary shall be twelve hundred dollars. 
($1,200.00) per annum and expenses incurred in the discharge Of official 
duties; three stenographers at one thousand dollars ($1,000.00) each per 
annum; twelve inspectors, whose salaries shall be as follows: For the first 
two years of service twelve hundred dollars each annually, for the third 
year of service, fourteen hundred dollars each annually, and for each suc- 
ceeding year of service an additional increase of one hundred dollars per 
year each until the maximum of eighteen hundred dollars a year each is 
attained, and expenses incurred in the discharge of their official duties. Said 
commissioner shall also have authority to appoint one bacteriologist at 
eighteen hundred dollars ($1,800.00) per annum and expenses incurred in 
the discharge of his official duties, and seven analytical chemists whose 
salary shall be as follows; For the first two years of service, twelve hun- 
dred dollars each annually; for the third year of service, fourteen hundred 
dollars each annually; for the fourth year of service fifteen hundred dollars 
each annually, and for each succeeding year of service an additional increase 
of one hundreci dollars per year each, until the maximum of eighteen hun- 
dred dollars per year is attained, and expenses incurred m the dischai'^e of 
their official duties, and one laboratory janitor at seven hundred and twenty 
($720.00) dollars per annum. 

The said commissioner shall make annual reports to the Governor not 
later than the 15th of January of his work and proceedings, and shall report 
in detail the number of inspectors he has appointed and employed, with 
their expenses and disbursements, and the amount of salary paid the 
same, and he may from time to time issue bulletins of information when, in 
his judgment, the interests of the State would be promoted thereby. 

The said commissioner shall maintain an office and laboratory, where 
the business of said department may be conducted. This section shall not 
affect the term of office of the present commissioner and he shall be regarded 
as having been appointed under the provisions of this act. 

The food commissioner shall make analyses and examinations for the 
State charitable institutions of foods, drugs and such other supplies as the 
laboratory of the State Food Commission is equippe'd and prepared to 
examine and analyze. (Amended by act becoming a law July 12, 1915. L. 
1915, p. 700.) 

270. Poicers of Commissioner and Inspectors. 

Sec. 2. The State food commissioner, and such inspectors and agents 
as shall be duly authorized for the purpose, when and as often as they may 
deem it necessary for the purpose of determining whether any manufactured 
food complies with the law, shall examine the raw materials used in the 
manufacture of food products and determine whether any filthy, decomposed 
or putrid substance is used in their preparation. They may also examine 
all premises, carriages or cars where food is manufactured, transported, 
stored or served to patrons, for the purpose only of ascertaining their san- 
itary condition and examining and taking samples of the raw material and 
finished products found therein, but nothing in this act shall be construed 
as permitting such officers to inquire into, or examine methods or processes 
of manufacture, or requiring or compelling proprietors or manufacturers, 
or packers of proprietary or other food products, to disclose trade rights or 
secret processes, or methods of manufacture. Said commissioner, Inspectors 
and agents shall also have power and authority to open any package, can or 



86 

vessel containing or supposed to contain any article manufactured, sold or 
exposed for sale, or held in possession with intent to sell in violation of the 
provisions of this act, or laws that now exist, or that may hereafter be 
enacted in this State, and may inspect the contents thereof, and may take 
samples therefrom for analysis. The employees of railroads, express com- 
panies or other common carriers shall render to them all the assistance in 
their power, when so requested, in tracing, finding or disclosing the presence 
of any article prohibited by law, and in securing samples thereof as herein- 
after provided for. 

21il. Refusal to Assist Inspector. 

Sec. 3. Whoever, by himself, his agent, employees, or servant, hinders, 
obstructs, or in any way interferes with any inspector, analyst, or officer 
appointed hereunder, in the performance of his duty or in the exercise of 
his powers as defined in this act, or whoever being an employee of a railroad, 
express company, or other common carrier refuses or fails upon request to 
assist the State food commissioner, the assistant commissioner, the State 
analyst, or any inspector appointed hereunder in tracing, finding, or dis- 
closing the presence of any article of food prohibited by law and in securing 
samples thereof as provided for in section 2 of this act shall be deemed 
guilty of a misdemeanor and shall be punished as hereinafter provided for, 
(Amended bv act approved June 6, 1911, in force July 1, 1911. L. 1911 
p. 519.) 

272. Samples, Procedure. 

Sec. 4. The person taking such sample as provided for in section 2 of 
this act, shall in the case of bulk or broken package goods, divide the same 
into .two equal parts, as nearly as may be, and in the case of sealed and 
unbroken packages, he shall select two of said packages, which two said 
packages shall constitute the sample taken, and properly to identify the 
same, he shall, in the presence of the person from whom the same is taken, 
mark or seal each half or part of such sample with a paper seal or other- 
wise, and shall write his name thereon and number each part of said sample 
with the number, and also write thereon the name of the said dealer in 
whose place of business the sample is found, and the person from whom 
said sample is taken shall also write his own name thereon, and at the 
same time the person taking said sample shall give notice to such person 
from whom said sample is taken that said sample was obtained for the 
purpose of examination by the State food commissioner. One part of said 
sample shall be taken by the person so procuring the same to the State 
analyst or other competent person appointed for the purpose of making 
examinations or analysis of samples so taken, and the person taking such 
sample shall tender to the person from whom it is taken the value of that 
part thereof so retained by the person taking said sample; the other part 
of said sample shall be delivered to the person from whom said sample is 
taken. If the person from whom said sample is taken has recourse upon 
the manufacturer or guarantor, either by operation of law or under contract 
for any failure on the part of said sample to comply with the provisions of 
this act, then said person from whom said sample is taken shall retain for 
the period of six months that part of said sample so delivered to him in 
order that said manufacturer or guarantor may have the same examined or 
analyzed if he so desires: Provided, that the person securing said sample 
may securely pack and box that part thereof retained by him and send the 
same to the State analyst or other competent person appointed hereunder, 
and the testimony of the person procuring said sample that he did procure 
the sample and that he sealed and numbered the same as herein provided, 
and that he wrote his name thereon, and that he packed and boxed said part 
thereof and sent the same to the State analyst or other competent person 
appointed hereunder, and the testimony of the person analyzing said sample 
that he received the same in apparent good order, that said sample was 
sealed, and that the number thereof and the name of the sender, as herein 
provided for, was on said sample, and that the seal at the time same was 



received was unbioken, shall be prima facie evidence that the sample so 
received is the sample that was sent, and that the contents thereof are the 
same and in the same condition as at the time the person so procuring said 
sample parted with the possession thereof, and the testimony of said two 
witnesses as above shall be sufficient to make such prima facie proof. 
(Amended by act as above.) 

273. Adulterated or Misbranded Food. 

Sec. 5. It shall be unlawful for any person to manufacture for sale 
within the State of Illinois any article of food or drink which is adulterated 
and misbranded within the meaning of this act. It shall be unlawful for 
any person to use filthy, decomposed, putrid, rotten, deleterious or poisonous 
substances as a constituent part of manufactured food, or in the manufacture 
of any food. Any person who shall violate any of the provisions of this 
section shall be guilty of a misdemeanor, and, on conviction thereof, shall 
be punished according to the provisions of this act: Provided, that no 
article of food shall be deemed misbranded or adulterated within the pro- 
visions of this act when intended for export to any foreign country or 
purchaser, and prepared or packed according to the specifications or direc- 
tions of the foreign country to which said article is intended to be shipped; 
but if said article shall be in fact sold or offered for sale for domestic use 
or consumption, then this proviso shall not except said article from the 
operations of any of the other provisions of this act. (This and following 
section amended by act becoming a law July 12, 1915. L. 1915, p. 700.) 

274. Evidence. 

Sec. 6. The having in possession or control of any food which violates 
any of the provisions of this act with intent to sell the same or to use the 
same in violation of this aCt is hereby prohibited; and whoever shall have 
in his possession or control with intent to sell or offer for sale any food 
which violates any of the provisions of this act or with intent to use any 
such food in violation of the provisions of this act, shall be guilty of a 
misdemeanor and punished as herein provided. The possession or control 
or any food which violates any of the provisions of this act shall [be] held 
to be prima facie evidence that such possession or control is or was with 
intent to sell or use such food in violation of this act. Whoever shall have 
possession or control with intent to sell of any food which violates any of 
the provisions of this act shall be held to have known the true character, 
quality and name of such food. 

275. Food Defined. 

Sec. 7. The term "food" as used herein, shall include all articles used 
for food, drink, confectionery or condiment by man or other animals, 
whether simple, mixed or compound, and any substance used as a con- 
stituent in the manufacture thereof. 

276. Adulteration Defined. 

^^Sec. 8. That for the purpose of this act, an article shall be deemed to 
be adulterated— 

In case of confectionery: 

First — If it contains terra alba, barytes, talc, chrome yellow, paraffin, 
mineral fillers or poisonous substances, or poisonous color or flavor. 

Second — If it contains any ingredient deleterious or detrimental to 
health, or any vinous, malt or spirituous liquor or compound, or narcotic 
drug. 

In case of food: 

First — If any substance has been mixed or packed with it so as to 
reduce or lower or injuriously affect its quality, strength or purity. 

Second — If any substance has been substituted wholly or in part for 
the article. 



2< Sections 8 and 9 of the Pure Food Law are has made special regulations by other provisions 
general in their nature and govern all food prod- in said law. People v. Henning Co. (1913), 260 111. 
ucts, except those regarding which the legislature 554, 560. 



88 

Third — If any valuable constituent of the article has been wholly or in 
part abstracted or left out: Provided, that in the manufacture of skim or 
separated cheese the w'hole or part of the butter fats in the milk may be 
abstracted. 

Fourth — If it be mixed, colored, powdered, coated, polished or stained 5n 
any manner whereby damage or inferiority is concealed, or it is made to 
appear better or of greater value than it really is. 

Fifth — If it contains any added poisonous or other added deleterious 
ingredient which may render such article injurious to health: Provided, 
that when in the preparation of food products for shipment they are pre- 
served by an external application, applied in such a manner that the preserva- 
tive is necessarily removed mechanically, or by maceration in water, or 
otherwise, and directions for the removal of said preservatives shall be 
printed on the covering of the package, the provisions of this act shall be 
construed as applying only when such products art ready for consumption; 
and formaldehyde, hydrofluoric acid, boric acid, salicylic acid and all com- 
pounds and derivatives thereof are hereby declared unwholesome and in- 
jurious. 

Sixth — If it consists in whole or in part of a filthy, decomposed or putrid, 
infected, tained or rotten animal or vegetable substance or article, or any 
portion of an animal unfit for food, w'hether manufactured or not, or if it 
is the products of a diseased animal, or one that has died otherwise than by 
slaughter. (Amended by act becoming a law July 12. 1915. L. 1915, p. 700.) 

27T. Misbranded Defined. 

-'Sec. 9. The term "misbranded," as used herein, shall apply to all 
articles of food or drink, or articles which enter into the composition of 
food or drink, the packages or labels of which bear any statement, design or 
device regarding such article, or the ingredients or substance contained 
therein which shall be false or misleading in any particular; and to any 
such products which are falsely branded as to manufacturer, packer or dealer 
who sells the same or as to the state, territory or country in which it is 
manufactured or produced. That for the purpose of this act an article shall 
also be deemed to be misbranded — 

In case of food: 

First — If it be an imitation of or offered for sale under the distinctive 
name of another article, or if it does not conform to the standards set forth 
in this act. 

Second — If it be so labeled or branded as to make the identity of the 
manufacturer, packer or dealer who sells or offers the same for sale uncer- 
tain or doubtful; or which is so labeled or branded as to indicate on the 
receptacle, vessel or container the name of any firm or corporation other 
than the firm or corporation actually manufacturing, packing or dealing 
in the article or product so sold or offered for sale; or if it be labeled or 
branded so as to deceive or mislead the ptirchaser, or purports to be a 
foreign product when not so, or if the contents of a package as originally 
put up shall nave been removed in whole or in part and refilled by 'contents 
of a different quality or of a different manufacturer, packer or dealer, or if it 
shall fail to bear a statement on the label of the quantity or proportion of 
any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, 
canabis indica, chloral hydrate, or acetanilid or any derivative or prepai'a- 
tion of any such substances contained therein. 

Third — If in package form, the quantity of the contents be not plainly 
and conspicuously marked on the outside of the package in terms of weight, 
measure, or numerical count: Provided, hoicever. that reasonable variation 
shall be permitted and tolerances and also exemptions as to small packages 
shall be established by rules and regulations made in accordance with the 
provisions of sections 38 of this act. 

Fourth — If it be a manufactured article of food or food sold in package 
form, and is not distinctly labeled, marked or branded with the true name 



2i This section, as now amended, removes all and another act which became a law July 12, 1915, 
doubt arising from an act approved June 25, 1915, amending the same section. 



89 

of the article and with either the name of the manufacturer and place of 
manufacture, or the name and address of the packer or dealer who sells the 
same, or if its label does not coniorm to the regulations set forth in this act. 

Fifth — If the package containing it or its label shall bear any statement, 
design or device regarding the ingredients of the substance contained therein, 
which statement, design or device shall be false or misleading in any par- 
ticular: Provided, that an article of food which does not contain any added 
poisonous or deleterious ingredients shall not be deemed to be adulterated or 
misbranded in following cases: 

First — In case of mixture or compounds which may be now or from time 
to time hereafter known as articles of food under their own distinctive 
names, and not an imitation of or offered for sale under the distinctive namy 
of another article, if the name be accompanied on the same label or brand 
with a statement of the place where the article has been manufactured or 
produced. 

Second — In case of articles labeled, branded or tagged so as to plainly 
indicate that they are compounds, imitations or blends and the word "com- 
pound," "imitation," or "blend," as the case may be, is plainly stated on the 
package in which it is offered for sale: Provided, that the term "blend" as 
used herein, shall be construed to mean a mixture of like substances, not 
excluding harmless coloring or flavoring ingredients used for the purpose 
of coloring and flavoring only; and as applied to alcoholic beverages, only 
those distilled spirits shall be regarded as "like substances" which are dis- 
tilled from the fermented mash of grain and are of the same alcoholic 
strength: And. provided, further, that nothing in this act shall be construed 
as requiring or compelling proprietors or manufacturers of proprietary foods, 
which contain no unwholesome added ingredients to disclose their trade 
formulas, except in so far as the provisions of tliis act may require to secure 
freedom from adulteration or misbranding. 

Third — In the case of mixtures of corn syrup (glucose) or corn sugar 
(dextrose) or corn sugar syrup, with cane or beet sugar (sucrose) or cane 
or beet sugar syrup, in food, if the maximum percentage of corn syrup 
(glucose), or corn sugar (dextrose), or corn sugar syrup, in such article 
of food be plainly stated on the label. (Amended by act approved June 26,* 
1917, in force Julj^ 1, 1917.) 

278. Condemnation and Confiscation of Illegal Foods. 

Sec. 10. Any article of food or drink or liquor that is adulterated or 
misbranded within the meaning of this act, or that is made, labeled or 
branded contrary to the provisions of this act, or that does not conform to 
the definition or analytical requirements provided in this act, shall be 
liable to be proceeded against in any court of record or before any judge 
thereof, or before any justice of the peace within whose jurisdiction the 
same may be found, and seized for condemnation and confiscation; and 
authority and jurisdiction are hereby vested in the several courts of record, 
the judges thereof in vacation, and the several justices of the peace, to issue 
the warrant and to hear and determine the proceedings herein provided 
for. Such proceedings shall be by complaint, verified by affidavit, and in 
the name of the People of the State of Illinois against the article or articles 
proceeded against, particularly describing the same, the place where they 
are located, the name of the person, firm or corporation in w^hose possession 
they are found, and wherein they violate the provisions of this act. There- 
upon said court, judge or justice of the peace shall issue a warrant directed- 
to the sheriff, bailiff or any constable of the county, commanding such 
officer to seize, and take into his possession the article or articles described 
in the complaint, and bring the same before the court, judge or justice of 
the peace who issued the warrant, and to summon the person, fifm or 
corporation named in the warrant, and any other person who may be found 
in possession of the said articles to appear at the time and place therein 
specified, which service shall be made in the same manner as service of 
process in civil cases in such court or before such justice of the peace. The 
warrant shall be returnable not less than five (5) days nor more than fifteen 



90 

(15) days from the date of issuing the same, and may be executed and 
served at any time before the return day thereof; and the hearing shall be 
at the time and place therein specified unless good cause is shown for a 
continuance. Upon the hearing the complaint may be amended, and any 
person, firm or corporation that appears and claims the said article or 
articles shall be required to file its claim in writing. The hearing shall be 
summary in its nature, and except as herein otherwise provided, shall 
conform, as near as may be, to the proceedings in civil cases before such 
court, judge, or justice of the peace: Provided, that either party may 
demand a trial by jury, and an appeal or writ of error shall lie at the 
instance of either party to the proper court and no bond shall be required 
of the people. And if such article is condemned as being adulterated or 
misbranded, or of a poisonous or deleterious character within the meaning 
of this act, or as made, labeled, or branded contrary to the provisions of 
this act, or as not conforming to the definition or analytical requirements 
provided in this act, the same shall be confiscated and disposed of by 
destruction or sale, as the court, judge or justice of the peace may direct, 
and the proceeds thereof, if sold, less the legal costs and charges, shall be 
paid into the treasury of the State of Illinois, but such article shall in no 
instance be sold contrary to the provisions of this act: Provided, however, 
if the food seized consists of a number of separate and distinct articles 
assembled together in containers, or in lots, or otherwise, and it shall 
appear to the court that certain of said articles violate the provisions of 
this act and certain other of said articles do not violate the provisions of 
this act, then in such cases, if the articles can be conveniently separated 
the court may order that such articles be separated and the costs of such 
separation shall be taxed as other rests of suit. The court may order such 
articles as are not in violation of this act be released to the claimant or 
owner thereof, and in cases where the claimant or owner does not appear 
or refuses to accept such articles the court shall order such articles sold, 
and the proceeds thereof, after the payment of all costs and charges shall 
be held subject to the order of the court, and if the claimant or owner 
thereof do not appear and demand the same within thirty days after said 
order, the court may at any time thereafter order the proceeds of said sale 
forfeited and confiscated and paid into the treasury of the State of Illinois, 
but that part of the articles which violated the provisions of this act shall 
be disposed of or destroyed as herein directed: Provided, further, that 
upon the payment of the costs of such proceedings and the execution and 
delivery of a good and sufficient bond to the State food commissioner for 
the use of the people of the State of Illinois to the effect that such articles 
shall not be used, sold or otherwise disposed of contrary to the provisions 
of this act and under such other conditions or supervision as may appear 
necessary, the court may, by order, direct that such articles be delivered 
to the owner thereof. (Amended by act becoming a law Julv 12, 1915. L. 
1915, p. 700.) 

279. Yinegar, Branding. 

Sec. 11. All vinegar made by fermentation and oxidation without the 
intervention of distillation, shall be branded with the name of the fruit or 
substance from which the same is made. All vinegar made wholly or in 
part from distilled liquor shall be branded "distilled vinegar" and shall not 
be colored in imitation of cider vinegar. All vinegar shall be made wholly 
from the fruit or grain from which it purports to be or is represented to be 
made, shall contain no foreign substance, and shall contain not less than 
four per cent by weight, of absolute acetic acid. Any vinegar made or 
manufactured contrary to the provisions of this section shall be deemed 
to be adulterated within the meaning of this act. Any vinegar which is 
not branded as herein provided shall be deemed to be misbranded within 
the meaning of this act. (This and the following section amended by act 
approved June 6, 1911, in force July 1, 1911. L. 1911, p. 519.) 



91 

280. Extracts, Labeling. 

Sec. 12. Extracts made of more than one principle shall be labeled in a 
conspicuous manner with the name of each principle, or else with the name 
of the inferior or adulterant; and in all cases when an extract is labeled 
with two or more names, such names must be in a conspicuous place 
on said label, and in no instance shall such mixture be called imitation, 
artificial or compound, and the name of one of the articles used shall, 
not be given greater prominence than another: ProvMed, that all ex- 
tracts which cannot be made from the fruit, berry, bean or other part 
of the plant, and must necessarily be made artificially as raspberry, straw- 
berry, etc., shall be labeled "imitation" in letters similar in size and 
immediately preceding the name of the article: Provided, further, that 
prepared cocoanut, containing nothing other than cocoanut, sugar and 
glycerine, shall be labeled as prepared cocoanut, and when so made need 
not be labeled "compound" or "mixture." Any such extract not labeled as 
herein provided for shall [be] deemed to be misbranded within the meaning 
of this act. 

281. Baking Powder, Lalyeling. 

Sec. 13. No person by himself, his servant or his agent, or as the 
servant of any other person, shall: first, make or manufacture baking 
powder or any other mixture or compound intended for use as baking 
powder; second, or sell, exchange, deliver or offer for sale or exchange 
such baking powder or any mixture or compound intended for use as baking 
powder; unless the same shall contain not less than ten per cent, available 
carbon dioxide and unless the common names of all the ingredients be 
printed on the label. 

282. Adulterated, Spirituous, Malt or Vinous Liquor. 

Sec. 14. No person shall, within this State, by himself, his servant or 
agent, or as a servant or agent of any other person or corporation, manu- 
facture, brew, distill, have or offer for sale, or sell any spirituous or fer- 
mented or malt liquor, containing any drug, substance or ingredient not 
healthful or not normally existing in said spirituous, fermented or malt 
liquor, or which may be deleterious or detrimental to health when such 
liquors are used as a beverage, and the following drugs, substances or 
ingredients shall be deemed to be not healthful and shall be deemed to be 
deleterious or detrimental to health when contained in such liquors, to wit: 
Coculous indicus, copperas, opium, cayenne papper, picric acid, Indian hemp, 
strychnine, arsenic, tobacco, darnel seed, extract of logwood, salts of zinc, 
copper or lead, alum, methyl alcohol and its derivatives, and any extracts 
or compounds of any of the above drugs, substances or ingredients; and 
any person violating any of the provisions of this section shall be deemed 
guilty of a misdemeanor. 

283. Mutilating Label. 

Sec. 15. Whoever shall deface, change, erase or remove any mark, label 
or brand provided for by this act with intent to mislead, deceive or to 
violate any of the provisions of this act, shall be held liable to the penalties 
of this act. 

28-'/. Unclean or Unwholesome Milk. 

Sec. 16. No person, firm or corporation, shall offer for sale, or sell to 
any person, firm or corporation, creamery or cheese factory, any unclean, 
unhealthful, unwholesome or adulterated milk or cream or any milk or 
cream which has not been well cooled or to which water or any other foreign 
substance has been added, or milk or cream which has been handled or 
transported in unclean or unsanitary vessels or containers: Provided, that 
nothing in this section shall be construed to prevent the sale of skim milk 
to factories engaged in the manufacture of skim milk products, nor the sale 
of skim milk under the provisions of section 19 of this act. 



93 

26'J. Milk Cans, Washiny. 

Sec. 17. Any person, firm or corporation who receives from any other 
person, firm or corporation, any milk or cream, or ice cream, in cans, 
bottles or vessels which have been transported over any railroad or boat 
line, where such can, bottles or vessels are to be returnea, shall cause the 
said cans, bottles or vessels to be emptied before the said milk or cream, 
or ice cream, contained therein shall become sour, and shall cause said 
cans, bottles or vessels to be immediately washed and thoroughly cleansed 
and aired. (Amended by act becoming a law July 12, 1915. L. 1915, p. 700.) 

286. Impure or Unclean Milk or Cream. 

■ Sec. 18. No person, firm, or corporation shall manufacture from unclean, 
impure, unhealthful or unwholesome milk, or from cream from the same, 
any article of food. 

287. 8Mm Milk, Cans, Labeling. 

Sec. 19. No person, firm or corporation shall sell, or expose for sale, or 
have in his possession with intent to sell, in any store or place of business, 
or on any wagon or other vehicle, used in transporting milk from which 
cream has been removed, any such milk or milk commonly called "skim 
milk" without first attaching •to the can, vessel or other package containing 
said milk, a tag with the words "skim milk" printed on both sides of said 
tag in large letters, each letter being at least three-fourths of an inch high 
and one-half inch wide. Said tag shall be attached to the top or side of 
'said can, vessel or package where it can be easily seen. 

28S. Measuring Milk and Cream Standard. 

Sec. 20. The State standard milk measure or pipettes shall have for 
milk a capacity of seventeen and six-tenths cubic centimeters, and the State 
standard test tube or bottles for milk shall have a capacity of two cubic 
centimeters, at a temperature of sixty degrees ii'ahrenheit between "zero'' 
and ten on the graduated scale marked on the necks thereof. For cream 
nine or eighteen grams shall be used, and the standard test tubes or bottles 
for cream shall have a capacity of three or six cubic centimeters, respect- 
ively, at a temperature of sixty degrees Fahrenheit between "zero" and 
thirty on the graduated scale marked on the necks thereof, and it is hereby 
made a misdemeanor to use any other measure, pipette, test tubes or bottle 
to determine the per cent of butter fat where milk or cream is purchased 
by, or furnished to creameries or cheese factories, and where the value of 
said milk is determined by the per cent of butter fat contained in the same. 
Any manufacturer, merchant, dealer, or agent in this State who shall offer 
for sale or sell a cream or milk pipette or measure, test tube or bottle which 
is not correctly marked or graduated as herein provided, shall be guilty of 
a misdemeanor and upon conviction thereof shall be punished as provided 
in this act. (Amended by act approved June 6, 1911, in force July 1, 1911. 
L. 1911, p. 519.) 

289. Testing Apparatus, License. 

Sec. 20a. No person shall operate a milk or cream testing apparatus to 
determine the percentage of butter fat in milk or cream for the purpose of 
purchasing the same either for himself or for another without first securing 
a license from the dairy and food commissioner-'' of this State, authorizing 
such person to so operate such tester. Any person desiring to secure such 
license shall make application therefor on a blank to be prepared and pro- 
vided by the dairy and food commissioner, and such applicant, before being 
issued such license, shall pass a satisfactory examination in person and 
prove by actual demonstration that he is competent and qualified to properly 
use such tester and make an accurate test with the same. 



2" This act specified "Dairy and Food Com- stances. The amendment was made in 1911 by 

missioners" in one place and in another "Dairy adding Sec. 20a to the Pure Food Law. There 

and Food Commissioner." It was no doubt in- was no such oflicer as is named in the section 

tejKled for State Food Commissioner in both in- mentioned. 



93 

Such license shall be Issued for a period of two (2) years from and 
after the date of its issuance and a fee of one dollar ($1.00) shall he paid 
for such license by the licensee upon the issuance thereof. The dairy and 
food commissioner for just cause shall have authority to revoke any license 
issued under the provisions of this act. 

The fees collected under the provisions of this section shall be paid into 
the State treasury monthly by the dairy and food commissioner. (Added 
by amendment by act as above.) 

200. Analyses. Report, Badcock Test. 

Sec. 21. This was no doubt intended for paragraph 21, although, 
technically, no amendment can be made by such a reference; there being no 
section 21.) A buyer or milk or cream buying of the producer on a butter-fat 
basis, shall, in the presence of the producer or his agent, after having been 
petitioned in writing by one or more of its patrons so to do, take a fair 
sample of the producer's milk, of not less than two (2) ounces, and imme- 
diately deliver the same to the producer or his agent in a sealed receptacle 
to be furnished by the Department of Agriculture suitable for mailing or 
expressing. The receptacle shall be plainly marked with the producer's 
factory number and the name of the producer, and may be mailed or 
expressed by the producer or his agent to the Department of Agriculture 
for test. 

The Department of Agriculture shall receive and make prompt analysis 
of all such samples of milk or cream, wash and sterilize the containers, and 
return to the plant or person from whom received, the producer to pay the 
transportation charges. 

The Department of Agriculture shall, not later than the fifth day of each 
month, mail to the buyer a tabulated sheet, showing the result of each indi- 
vidual producer's test, for the preceding month, the average of which shall 
be the basis of settlement between the buyer and individual producer. 

The Department of Agriculture shall, not later than the eighth day of 
each month, mail to the individual producer at his post office address, the 
result of each of his tests for the preceding month. 

Samples of milk or cream, for the purpose of this act, shall be taken 
not less than two (2) or more than four (4) times during each monthly 
period at the option of the buyer. 

It shall be unlaAvful for the owner, manager, agent or any employee 
of a creamery or cheese factory, to manipulate, underread or overread the 
Babcock test, or any other contrivance used for determining the quality or 
value of milk or cream, or to falsify the record thereof, or to pay for such 
milk or cream on the basis of any measurement except the true measurement 
as therebv determined. (Amended by act approved June 25, 1917, in force 
July 1, 1917.) 

291. Preservatives, Sale. 

Sec. 22. No person, firm or corporation shall manufacture for sale, adver- 
tise, offer or expose for sale, or sell, any mixture or compound intended for 
use as a preservative or other adulterant of milk, cream, butter or cheese, 
nor shall he manufacture for sale, advertise, offer or expose for sale, or sell 
any unwholesome or injurious preservative or any mixture or compound 
thereof intended as a preservative of any food: Provided, however, that 
this section shall not apply to pure salt added to butter and cheese. 

292. Vehicles, Marking. 

Sec. 23. Any person, firm or corporation, who shall in any of the cities, 
incorporated towns or villages of this State, which contains a population of 
5,000 or over, engage in or carry on a retail business in the sale or exchange 
of, or any retail traffic in milk or cream, shall have each and every carriage 
or vehicle from which the same is vended conspicuously marked with the 
name of such vendor on both sides of such carriage or vehicle. 



94 

293. Illegal Lard. 

Sec. 24. No person shall, within this State, manufacture for sale, have 
in his possession with intent to sell, offer or expose for sale, or sell, as lard, 
any substance not the legitimate and exclusive product of the fat of the hog. 

294. Lard Substitute. 

Sec. 25. No person shall manufacture for sale within this State, or have 
in his possession with intent to sell, offer or expose for sale, or sell, as lard, 
or as a substitute for lard, or as an imitation of lard, any mixture or com- 
pound which is designed to take the place of lard and which is made from 
animal or vegetable oils or fats other than the fat of the hog, or any mixture 
or combination with any animal or vegetable oils or fats, unless the tierce, 
barrel, tub, pail or package containing the same shall be distinctly ana 
legibly branded or labeled with the name of the person, firm or corporation 
making the same, together with the location of the manufactory and the 
words ''lard substitute" or "adulterated lard" or "compound," "imitation" or 
"blend" as the case may be, or unless the same shall be sold under its own 
distinctive name as provided for in section 9 of this act. 

295. Iviitation or Substitute for Lard. 

Sec. 26. It shall be unlawful to sell or offer for sale any "lard substitute" 
or "adulterated lard" or "compound," "imitation" or "blend" as herein 
defined, without informing the purchased thereof, or the person or persons 
to whom the same is offered for sale, that the substance sold or offered for 
sale is "lard substitute" or "adulterated lard" or "compound," "imitation" 
*or "blend," as the case may be. 

29G. Process Butter, Sale. 

Sec. 27. No person, firm, or corporations, agent or employee, shall manu- 
facture for sale, sell or offer or expose for sale, in this State, any butter that 
is produced by taking original packing stock butter, or other butter, -or both, 
and melting same so that the butter fat can be drawn off or extracted, then 
mixing the said butter fat with skimmed milk, or milk, or cream, or other 
milk product, and rechurning or reworking the said mixture, or that produced 
by any process that is commonly known as boiled, process or renovated 
butter, unless the same is branded or marked, as provided in section 28 of 
this act. 

297. Process Butter, Branding. 

Sec. 28. No person, firm or corporation, agent or employee, shall seU, 
or offer or expose for sale, or deliver to a purchaser, any boiled, process or 
renovated butter, as defined in section 27 of this act, unless the words 
"Renovated Butter" shall be plainly branded with gothic or bold face letters 
at least three-fourths of an inch in length on the top and sides of each tub, 
or box, or pail, or other kind of case or package, or on the wrapper of prints 
or rolls or bulk packages in which it is put up. If such butter is exposeo 
for sale uncovered, or not in a case or package, a placard containing the label 
so printed shall be attached to the mass of butter in such a manner as to be 
easily seen and read by the purchaser. The branding or marking of all 
packages shall be in the English language, and in a conspicuous place so 
as to be easily seen and read by the purchaser. 

298. Illegal Foods, Seizure. 

Sec. 29. Whenever the commissioner or his agents shall have ground 
for suspicion that any article of food found in possession of any person, 
firm or corporation, is adulterated or misbranded within the meaning of 
this act, he may seize such article of food and make an inventory thereof, 
and shall leave a copy of such inventory with the party holding such sus- 
pected goods, and tag the same "suspected," and he shall notify in writing 
the person, firm or corporation in whose possession it may be found, not to 
offer the same for sale or sell or otherwise dispose of the same until further 
notice in writing from the commissioner. Whereupon the commissioner 



95 

shall forthwith cause a sample of said article of food to be examined or 
analyzed, and if the same shall be found to be adulterated, or misbranded 
within the meaning of this act, the commissioner shall proceed with a 
hearing and subsequent proceedings as provided in this act. If, however, 
such examination or analysis shall show that such article of food complies 
with the provisions of this act, the person, firm or corporation in whose 
possession such article of food is found shall forthwith be notified in writing 
that said seizure is released, and authority given to dispose of such article 
of food. Such seizure may be had without a warrant and said commissioner, 
and all inspectors and agents appointed pursuant to law, are hereby given 
full power and authority of "policemen." Any court having jurisdiction, 
upon receiving proof of probable cause for believing in the concealment of 
any food or dairy products or substitutes therefor or imitation thereof, kept 
for sale or for a purpose, or had in possession, or under control, contrary 
to the provisions of this act, or other laws which now exist or may be here- 
after enacted, shall issue a search warrant and cause a search to be made 
in any place therefor, and to that end may cause any building, enclosure, 
wagon, or car to be entered, and any apartment, chest, box, locker, tub, jar, 
crate, basket or package to be broken open and the contents thereof 
examined. 

299. Search Warrants. 

Sec. 30. All warrants issued pursuant to section 29 liereof shall be 
directed to the sheriff, bailiff or some constable of the county where such 
food or dairy products may be supposed to be concealed, commanding such 
officer to search the house or place where such food or dairy product, or 
substitutes thereof, or imitation thereof for which he is required to search, 
is believed to be concealed, which place and the property to be searched for, 
shail be designated in the warrant, and to bring such food or daily product 
or substitute therefor or imitation thereof, when found, and the person in 
whose possession the same is found, before the magistrate who issued the 
warrant, or before some other court or magistrate having jurisdiction of 
the case, to be proceeded against as hereinbefore provided for in section 10 
of this act. 

300. State's Attorney's Duty. 

Sec. 31. It shall be the duty of the State's attorney in any county of 
this State when called upon by the commissioner or any of his assistants, 
to render any legal assistance in his power to execute the law and to 
prosecute cases arising under the provisions of this act: Provided, that 
no person shall be prosecuted under the provisions of this act for selling 
or offering for sale any article of food or drugs as defined herein, when the 
same is found to be adulterated or misbranded within the meaning of this 
act, in the original unbroken package in which it was received by said 
person when he can establish a guaranty signed by the wholesaler, jobber, 
manufacturer or other party residing in this State, from whom he purchased 
such article, to the effect that the same is not adulterated or misbranded in 
the original unbroken package in which said article was received by said 
dealer; within the meaning of this act, designating it. Said guaranty to 
afford protection, shall contain the name and address of the party or parties 
making the sale of such article to such dealer, and in such case said party 
or parties shall be amenable to the prosecutions, fines and other penalties 
as provided for in this act: Provided, that no such guaranty shall operate 
as a defense to prosecutions for the violation of this act; first, if the dealer 
shall continue to sell after notice by the State food commissioner that such 
article is adulterated or misbranded within the meaning of this act; second, 
if the dealer shall fail to preserve for the manufacturer or guarantor and 
deliver to him upon demand the sample left with him by the commissioner 
or his agent. 

SOI. State Board of Health, Samples. 

Sec. 32. The State Board of Health may submit to the commissioner or 
any of his assistants samples of food or drink for examination or analysis. 



96 

and shall receive special reports showing the results of such examination or 
analysis. 

302. State Analyst. Certificate. 

Sec. 33. It shall be unlawful for the State analyst or any assistant State 
analyst to furnish to any individual, firm or corporation any certificate as 
to the purity or excellence of any article manufactured or sold by them to 
be used as food or in the preparation of food. 

SOS. Shift or Device. 

Sec. 34. The use of any shift or device to evade any of the provisions 
of this act shall be deemed a violation of such provision and punishable as 
herein provided. 

30.'t. Master's Liability. 

Sec. 35. .Whoever shall, by himself or another, either as principal, clerk 
or servant, directly or indirectly, violate any of the provisions of this act, 
shall be guilty of a misdemeanor and punished as herein provided. 

305. Penalties, License Fees, Proceeds, Payment. 

Sec. 36. All fines, penalties, and all proceeds collected from goods con- 
fiscated and sold under the provisions of this act and other laws relating to 
dairy and food products, and all license fees collected hereunder, shall be 
paid into the State treasury. 

.^06. Label. Size of Type. 

Sec. 37. The principal label on any package of food, as defined by this 
act, shall be printed plainly and legibly in English with or without the 
foreign label in the language of the country where the product is produced 
or manufactured and the size of type, if not otherwise described in this, 
act, shall not be smaller than EIGHT POINT (BREVIER) CAPS: Pro- 
vided, that in case the size of the package will not permit the use of eight- 
point cap type, the size of the type may be reduced proportionately. 

307. Rules and Regulations. 

Sec. 38. The State food commissioner shall make rules and regulations 
for carrying out the provisions of this act, and shall have power to make 
rules and regulations for the analyzing and reporting the results thereof, 
of articles submitted for analysis by the State Board of Health, and reg- 
ulating the analyzing and reporting thereon of samples taken under any 
law or laws of the United States by any person hereunder, or furnished by 
any officer or employee charged with the enforcement of the laws of the 
United States relative to the manufacture, sale or transportation of adulter- 
ated, misbranded, poisonous or deleterious foods, dairy products or articles 
manufactured from dairy products or liquids. 

SOS. Standard of Purity and Strength. 

Sec. 39. In the enforcement of this act, and in the construction thereof, 
the following named articles of foodstuffs, when offered for sale or exposed 
for sale, or sold, shall conform to the analytical requirements set opposite 
each respectively. 

Milk shall contain not less than three (3) per cent of milk fat and not 
less than eight and one-half (SVj) per cent of solids, not fat. 

Cream shall contain not less than eighteen (18) per cent of milk fat. 

Maple Sugar shall contain not less than sixty-five one-hundredths (0.65) 
per cent of maple ash in the w^ater-frce substance. 

Honey is a laevo-rotatory, contains not more than twentj'-five (25) per 
cent of water, not more than twenty-five hundredths (0.25) per cent of ash, 
and not more than eight (8) per cent of sucrose. 

CiOves shall contain not more than five (5) per cent of clove stems, 
not less than ten (10) per cent of volatile ether extract, not less than twelve 
(12) per cent of quercitannic acid, not more than eight (8) per cent of 



97 

total ash, not more than five-tenths (0.5) per cent of ash insoluble in 
hydrochloric acid, and not more than ten (10) per cent of crude fiber. 

Black Pepper shall contain not less than six (6) per cent of nonvolatile 
ether extract, not less than twenty-five (25) per cent of pepper starch, nor 
more than seven (7) per cent of total ash, not more than two (2) per cent 
of ash insoluble in hydrochloric acid, and not more than fifteen (15) per 
cent of crude fiber. 

Lemon Extract shall contain not less than five (5) per cent of oil of 
lemon by volume. 

Orange Extract shall contain not less than five (5) per cent of oil of 
orange by volume. 

Va7iilla Extract shall contain in one hundred (100) cubic centimeters 
the soluble matters from not less than ten (10) grams of vanilla bean. 

Olive Oil has a refractive index (25° C.) not less than one and forty-six 
hundred and sixty ten-thousandths (1.4660) and not exceeding one and 
forty-six hundred and eighty ten-thousandths (1.4680), and an iodin number 
not less than seventy-nine (79) and not exceeding ninety (90). 

All Vinegars shall contain four (4) grams of acetic acid in one hundred 
(100) cubic centimeters (20° C). 

Cider Vinegar shall contain not less than one and six-tenths (1.6) 
grams of apple solids, and not less than twenty-five hundredths (0.25) grams 
of apple ash in one hundred (100) cubic centimeters (20° C). 

Malt vinegar shall contain in one hundred (100) cubic centimeters (20° 
C.) not less than two (2) grams of solids and not less than two-tenths (0.2) 
grams of ash. 

Wine vinegar shall contain not less than one (1) gram of grape solids 
and not less than thirteen-hundredths (0.13) gram of grape ash in one 
hundred cubic centimeters (20° C). 

Ice cream is a frozen substance, made from cream, or milk and cream 
and sugar, with or without the additions of such other wholesome substances 
as have customarily been used in making ice cream, and contains not less than 
eight per cent (8%) milk fat and manufactured, stored, distributed and 
dispensed in a sanitary manner. The following other substances have 
customarily been used in making ice cream: Eggs, flours, starches, butter, 
gelatin, flavoring, harmless colors, nuts, fruits, pastries and condensed 
milks. 

In the enforcement of this act and in the construction thereof all 
articles of food not defined in this act when offered for sale or exposed for 
sale, or sold, shall conform to the definition and analytical requirements 
of the standard adopted and promulgated from time to time by the Food 
Standards Commission: Provided, that standards of quality, purity or 
strength, for food products, adopted from time to time by the Food 
Standards Commision and the regulations concerning the labeling of food 
products, adopted from time to time by the State food commissioner, shall 
constitute prima facie evidence in the trial of all cases in court of the 
proper standard or of the proper labeling: Provided, that nothing in this 
section shall be construed to prevent the sale of any wholesome food product 
which is below such standard, if such article of food be labeled so as to 
clearly indicate such variation: Provided, further, that in all places where 
feeds below such standards are sold in bulk or have been removed from its 
original package, there shall be placed in a prominent position a placard 
in large letters of net less than one inch in length which shall clearly indi- 
cate such variation so as to be easily read by customers. (This and the 
following section amended by act becoming a law July 12, 1915. L. 1915, 
p. 700.) 

309. Illegal Food. Sale. 

Sec. 39a. The sale of food which violates any of the provisions of this 
act is hereby prohibited; and whoever offers for sale, exposes for sale or 
sells any food that violates any of the provisions of this act shall be guilty 
of a misdemeanor and punished as herein provided. 

— 7 A G I 



OS 

310. Eggs. 

Sec. 39al. It shall be unlawful to ship or otherwise dispose of in any 
kind of a container, or in any other manner, any collection of eggs or any 
eggs known as "yolks stuck to the shell." "heavy blood rings," "partially 
hatched," "moldy eggs," ''black spots," "black rots" or any other eggs of an 
unwholesome nature, unless the same are broken in the shell, and then 
denatured, so as to render the same unfit for human food. 

Eggs exclusive of the above named varieties which are not intended for 
sale to the trade in shell form are hereby declared "Breaking Stock." 
"Breaking Stock," when packed in cases sealed with proper iden;ifying 
strips, that have been approved by the Director of the Department of Agri- 
culture, may be shipped from within or without the State, of Illinois, either 
directly or otherwise, to licensed egg breaking establishments in Illinoi.s. 

All persons, firms or corporations that engage in the State of Illinois in 
the business of removing eggs from their shells in the manufacture of 
frozen liquid, dessicated, or any other form of whole egg, yolks, whites, or 
any mixture of yolks and whites ■with or without the additions of any other 
ingredients, shall before engaging In such business, apply to the Director 
of the Department of Agriculture for a license. Thereupon, the Director of 
the Department of Agriculture, or his agents, shall inspect the establishment 
and equipment of said egg breaking establishment, and he shall also ascer- 
tain, if the said establishment complies in method and equipment with the 
sanitary law and the rules and regulations thai: shall from time to time be 
established by the Director of the Department of Agriculture, for the govern- 
'ing of these establishments. If after such inspection it shall appear that 
the said esiablishment complies with the provisions of the sanitary law and 
the rules and regulations governing egg breaking establisliments, then the 
said Director of the Department of Agriculture shall certify to the State 
Treasurer that the said establishmen: is entitled to a license. 

Every person, firm or corporation engaged in the breaking of eggs and 
\vhose establishment has been inspected and approved as above described, 
shall pay annually during the month of December of each year a license 
fee of three hundred dollars ($300.00) for each establishment to the treasurer 
of the State of Illinois. Said treasurer shall in each case a!; once certify to 
the Director of the Department of Agriculture the payment of such fee, and 
thereupon the Director of the Department of Agriculture shall issue a license 
to nuch establishment. 

It shall be unlawful for any one to have in his possession eggs known as 
"yolks stuck to the shell," "heavy blood rings," "partially hatched," "moldy 
eegs," "black spots," "black rots," or any other unwiiolesome eggs, unless 
the same are broken in the shell, and then denatured so as to render the 
same unfit for human food. 

Every egg breaking establishment, when it has received its license, shall 
be furnished with an identifying establishment number. Said number shall 
be included as part of the proper labeling of all cans or other receptacles in 
which frozen or dessicated egg products are offered for sale. The form and 
manner of placing said number on containers shall be under rules and regu- 
lations promulgated by the Director of the Department of Agriculture. 

Brokers, commission men, or ordinary receivers of eggs who have eggs 
shipped to them in these "breaking stock" identified cases may break the 
seal and examine the stock, but they must reseal the identified strip where 
it is cut, with another identifying strip, which carries their name and 
address and the date on which they inspected the eggs. They wall be held 
responsible for any tampering of the contents of the identified cases. 

Whoever sliall violate any of the provisions of this section shall be 
guilty of a misdemeanor and shall be punished- as provided in this act, and 
in addition thereto the Director of the Department of Agriculture shall at 
once recoke such offender's license. (Amended bv act approved June 26, 
1917, in force July 1, 1917.) 



99 

3J1. Preliminary Hearing. 

Sec. 40. When it appears from the examination or analysis that the pro- 
visions of this act have been violated, the food commissioner shall cause 
notice of such fact, together with a copy of the findings, to be given to the 
party or parties from whom the sample was obtained; and to the party, if 
any, whose name appears upon the label as manufacturer, packer, wholesaler, 
retailer, or other dealer; by registered mail. The party or parties so notified 
shall be given an opportunity to be heard under such rules and regulations 
as may be prescribed as aforesaid. Notices shall specify the date, hour and 
place of the hearing. The hearing shall be private and the parties interested 
therein may appear in person or by attorney. If, after such hearing, the 
commissioner shall believe this act has been violated, he shall cause the 
party or parties whom he believes to be guilty, to be prosecuted forthwith, 
under the provisions of this act. 

In all proceedings or prosecutions brought under this act, it shall not 
be necessary to allege in the pleadings that a hearing was had before the 
commissioner. A certified copy of the records of the State Food Commis- 
sioner's office, showing that notice of hearing was sent by registered mail, 
together with a copy of such notice of hearing and the receipt of the post 
office department for such registered notice shall be received as evidence 
that such notice of hearing was given. 

A certificate in the following form shall be sufficient: 

"I, Chief Clerk (or other employee) in the State 

Food Commissioner's office, do hereby certif}^ that the attached is a true, 
correct and complete copy or copies of the notice of hearing on Inspector's 
Sample No 

That the said notice of hearing was enclosed by me in an envelope, 

properly stamped and addressed to of and was 

deposited and registered in the post office department at Chicago, Illinois, 

on the day of A. D. 19. . ., and that the attached receipt 

of the post office department is the receipt received by this office for the 
said notice. 



"I hereby certify that is the chief clerk (or clerk) 

having custody of the records of Inspector's Sample No in the State 

Food Commissioner's office and that the above, and the attached papers are 
a true, correct and complete record of the matters therein certified as 
appears by the records of my office." 

Given under my hand and seal this day of 



State Food Commissioner. 

(This and the following section amended by act becoming a law July 
12, 1915. L. 1915, p. 700.) 

Sec. 40a. No action or prosecution shall be instituted against any per- 
son for a violation of the provisions of this act, unless the same shall have 
been commenced within six months from the taking of said sample or unless 
begun by and with the advice and consent of the State's attorney of the 
proper county, first had and obtained therefor; and such prosecution shall 
at all times be under and within the control of said State's attorney. 

312. Penalty. 

Sec. 41. An person convicted of violating any of the provisions of the 
foregoing act shall, for the first offense, be punished by fine in any sum not 
less than fifteen (15) dollars and not more than one hundred (100) dollars, 
or by imprisonment in the county jail not exceeding thirty days, or by both 
such fine and imprisonment, in the discretion of the court, and for the 
second and each subsequent offense by a fine of not less than twenty-five 
(25) dollars and not more than two hundred (200) dollars, or by imprison- 
ment in the county jail not exceeding one year, or both, in the discretion of 
the court; or the fine above may be sued for and recovered before any 
justice of the peace or any other court of competent jurisdiction in the 



100 

county where the offense shall have been committed, at the instance of the 
State food commissioner, or any other person in the name of the people of 
the State of Illinois as plaintiff and shall be recovered in an action of debt. 

313. Judgment, Capias. Repeal. 

Sec. 42. When the rendition of the judgment imposes a fine as provided 
in any of the sections of this act, it shall be the duty of the justice of the 
peace or other court rendering such judgment also to render a judgment for 
costs and such justice of the peace or other court shall forthwith issue a 
capias or warrant of commitment against the body of the defendant, com- 
manding that unless the said fine and costs be forthwith paid the defendant 
shall be committed to the jail of the county and the constable or other oflacer, 
to whose hands said capias or warrant shall come, shall in default of such 
payment, arrest the defendant and commit him to the jail of the county, 
thereto remain as provided in section 171 of "An Act to revise the law in 
relation to criminal jurisprudence," in force July 1, 1895, unless such fine 
and costs shall sooner be paid. 

Sec. 43. All acts and parts of acts inconsistent with this act are hereby 
repealed: Provided, that nothing in this act contained shall be construed 
as repealing the act entitled, "An Act to regulate the manufacture and sale 
of substitutes for butter," approved June 14, 1897, in force July 1, 1897, or 
any part thereof. 

DAIRY CONTAINERS. 

.^N Act to protect the public and the manufacturers of dairy products from 
frauds and imitations and to prevent the public from being deceived in 
the use of adulterated foods by providing for marking, stamping and 
branding of cans or other containers for the handling and transportation 
of dairy products; for the registration of such mark or brand and pro- 
hibiting the use of such marked can, bottle or other container for any 
other than the designated purpose; and for preventing the use of any 
such brand or mark of another; and from defacing or removing the 
same; and providing penalties for violation thereof ; and making it the 
duty of the Food and Dairy Commissioner to enforce the laio. Approved 
June 25, 1917, in force July 1, 1917. 

Slit. Brand, Adoption. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That in order to protect the public against 
frauds and imitations in the sale of dairy producis, and prevent the public 
from being deceived in the purchase and use of adulterated foods and to 
protect the manufacturers from being wrongfully charged with the manu- 
facture, storage, transportation or sale of impure or adulterated foods, any 
person, firm or corporation engaged in the manufacture or transportation of 
any dairy products, including milk, cream and ice cream, may adopt a suit- 
able mark, stamp or brand for use upon any can, bottle or other container 
used in the handling and transporting any of said products and may file 
in the office of the Secretary of State a description of such mark, stamp 
or brand so desired to be used. 

315. Brand, Device, Registration. 

Sec. 2. Such brand, stamp or mark may consist of a name, design or 
device, either in color, enamel or otherwise and shall be registered by the 
Secretary of State, provided, it can be suitably distinguished from any other 
mark, stamp or brand theretofore registered; and such registered mark, 
stamp or brand may be affixed in any suitable and permanent manner to the 
can, bottle or other container, but nothing in this act shall be construed as 
permitting the registration or use by any person, firm or corporation, of any 
brand, stamp, mark, name, design or device which, but for this act, such 
person, firm or corporation would not be entitled to use. 



101 

316. Registered Brand Protected. 

Sec. 3. It shall be unlawful for any person, firm or corporation to use 
any brand, stamp or mark which has already been selected and registered 
under the provisions of this act upon any can, iottle or other container for 
any commodity. 

817. Same. 

Sec. 4. It shall be unlawful for any person, firm or corporation, other 
than the rightful owner thereof, to use any can, "bottle or other container 
marked, stamped or branded as herein provided. 

518. Brand, Defacing. 

Sec. 5. It shall be unlawful for any person, firm or corporation, other 
than the rightful owner thereof, to deface, remove or injure any such brand, 
stamp or mark upon any such can, hottle or other container referred to 
herein. 

519. Penalty. 

Sec. 6. Any person, firm or corporation who shall violate any provision 
of this act shall be guilty of a misdemeanor and upon conviction shall be 
fined for each such offense by a fine not less than five ($5.00) dollars, nor 
more than one hundred ($100.00) dollars, or by imprisonment in the county 
jail not to exceed thirty (30) days. 

330. Enforcement of Act. 

Sec. 7. It is hereby made the duty of the Food and Dairy Commissioner 
to enforce all of the provisions of this act. 

COLD STORAGE. 

An Act to regulate cold storage of certain articles of food. Became a law 
June 28, 1911, in force July 1. 1917. 

321. Terms Defined. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: For the purpose of this act, "cold storage" 
shall mean the storage or keeping of articles of food at or below a tempera- 
ture above zero of 45 degrees Fahrenheit in a cold storage warehouse; "cold 
storage warehouse" shall mean any place artificially cooled to or below a 
temperature above zero of 45 degrees Fahrenheit, in which articles of food 
are placed and held for thirty days or more; "article of food" shall mean 
fresh meat and fresh meat products and all fish, game, poultry, eggs and 
butter. 

322. License Fee. 

Sec. 2. No person, firm or corporation shall maintain or operate a cold 
storage warehouse without a license so to do issued by the Department of 
Agriculture. Any person, firm or corporation desiring such a license shall 
make written application to the Department of Agriculture for that purpose, 
stating the location of the warehouse. The Department of Agriculture 
thereupon shall cause an examination to be made of said warehouse and, if 
it be found by him to be in a proper sanitary condition and otherwise prop- 
erly equipped for its intended use, he shall issue a license authorizing the 
applicant to operate the same as a cold storage warehouse during one year, 
'lue license shall be issued upon payment of (by) the applicant of a license 
fee of twenty-five ($25.00) dollars per annum to the Department of Agri- 
culture. 

323. Unsanitary Condition. 

Sec 3. In case any cold storage warehouse, or any part thereof, shall at 
any time be deemed by the Department of Agriculture to be in an unsani- 
tary condition, or not properly equipped for its intended use, he (it) shall 



103 

■notify the licensee of such condition and upon the failure of the licensee to 
put such cold storage warehouse in a sanitary condition or to properly equip 
the same for its intended use, within a time to be designated by the Depart- 
ment of Agriculture, he (it) shall revoke such license. 

324. Record, Reports. 

Sec. 4. Every such licensee shall keep accurate records of the articles 
of food received in and of the articles of food withdrawn from his cold 
storage warehouse, and the Department of Agriculture shall have free access 
to such records at any time. Every such licensee shall submit a monthly 
report to the Department of Agriculture, setting forth in itemized particulars 
the quantities and kinds of articles of food in his cold storage warehouse. 
Such monthly reports shall be filed on or before the fifth day of each month, 
and the reports so rendered shall show the conditions existing on the last 
day of the preceding month reported and a summary of such reports shall 
be prepared by the Department of Agriculture and shall be open to public 
inspection on or before the tenth day of each month. 

825. Inspection and Supervision. 

Sec. 5. The Department of Agriculture shall inspect and supei'vise all 
cold storage warehouses and make such inspection of articles of food therein 
as he (it) may deem necessary to secure the proper enforcement of this act, 
and he (it) shall have access to all cold storage warehouses at all reason- 
able times. The Department of Agriculture may appoint such persons as 
he (it) deems qualified to make any inspection under this act. 

326. Storing Food Articles. 

Sec. 6. No article of food intended for human consumption shall be 
placed, knowingly, received or kept in any cold storage warehouse, if dis- 
eased, tainted, otherwise unfit for human consumption, or in such condition 
that it will not keep wholesome for human consumption. No article of food, 
for use other than for human consumption, shall be placed, received or kept 
in any cold storage warehouse unless previously marked, in accordance with 
forms to be prescribed by the Department of Agriculture, in such a way as 
to indicate plainly the fact that such article of food is not to be sold or used 
for human food. 

327. Labeling Food Articles, Evidence. 

Sec. 7. No person, firm or corporation shall place, receive or keep in 
any cold storage warehouse in this State articles of food unless the same 
shall be plainly marked, stamped or tagged, either upon the container in 
which they are packed, or upon the article of food itself, with the date when 
placed therein; and no person, firm or corporation shall remove, or allow 
to be removed, such article of food from any cold storage w'arehouse unless 
the same shall be plainly marked, stamped or tagged, either on the container 
in which it is enclosed or upon the article of food itself, with the date of 
such removal, and such marks, stamps and tags shall be prima facie evi- 
dence of such receipt and removal and of the dates thereof. All articles of 
food in any cold storage warehouse at the time this act goes into effect shall, 
before being removed therefrom, be plainly marked, stamped or tagged witn 
the date when this act goes into effect and the date of removal therefrom. 

S2S. Storing Food Articls, Duration, Removal. 

Sec. 8. No person, firm or corporation shall hereafter keep or permit to 
remain in any cold storage warehouse any article of food which has been 
held in cold storage either within or without the State, for a longer aggre- 
gate period than twelve months, except with the approval of the Director of 
the Department of Agriculture as hereinafter provided. The Director of the 
Department of Agriculture may, from time to time, upon application in 
writing, extend the period of storage br-yond twelve months for any par- 
ticular article of food, provided the same is found upon examination by the 
Department of Agriculture to be in wholesome condition for further cold 



103 

storage. The length of time for which such further storage is allowed shall 
be specified in the order granting the extension. A report on each case in 
which such extension of storage may be permitted, including information 
relating to the reason for the action of the said director, the kinds and 
amounts of the articles of food for which the storage period was extended, 
and length of time for which this extension w'as granted, shall be filed, open 
to public inspection, in the office of said director. 

The Director of Agriculture shall have power to order any article of 
food held in cold storage to be removed therefrom before the expiration of 
the first period of twelve months or before the expiration of any period of 
extension granted by him for any of the following reasons: 

(1) That the storage of the article of food beyond the time fixed by the 
Director of the Department of Agriculture in his order of removal will 
render such article of food unwholesome; 

(2) That the person, firm or corporation storing such article of food 
has entered into a contract, agreement or understanding for the purpose or 
with the intent of fictitiously increasing the price of such article of food; 

(3) That the storage of such article of food is for the purpose or with 
the intent of fictitiously increasing the price thereof; 

(4) That the storage of such article of food tends to create a monopoly; 

(5) That the storage of such article of food tends to restrain or prevent 
competition in this State in the supply or price of such article. 

Before such article of food shall be ordered removed from storage, the 
Director of Agriculture shall give at least five days' notice in wl-iting of his 
intention to make such order, and shall accord the person, firm or corpora- 
tion receiving such notice a full hearing thereon. 

329. Sa:c. 

Sec. 9. It shall be unlawful to sell, or '^o offer for sale, any article of 
food which has been held for a period of thirty days or over in cold storage 
either within or without the State, without notifying persons purchasing, 
or intending to purchase, the- same, that it has been so held, by the display 
of a placard plainly and conspicuously marked, "Cold Storage Goods," on 
the bulk mass or articles of food; and it shall be unlawful to represent or 
advertise as fresh any article of food which has been held in cold storage 
for a period of thirty days or over. 

330. Returned Goods, Etc. 

Sec. 10. It shall be unlawful to return to any cold storage warehouse 
any article of food which has been once released from storage for the pur- 
pose of placing it on the market for sale. It shall be unlawful to transfer 
any article of food from one cold storage warehouse to another if such 
transfer is made for the purpose of avoiding any provision of this act, and 
such transfer shall be unlawful unless all prior stampings, markings and 
taggings upon such article shall remain thereon. 

331. Rules and Regulations. 

Sec. 11. The Department of Agriculture may make all necessary rules 
and regulations to carry this act into effect. Such rules shall be filed in the 
director's office, and shall not take effect until five (5) days after such filing. 

33.2. Penalty. 

Sec 12. Any person, firm or corporation violating any provision of this 
act shall be guilty of a misdemeanor and shall upon conviction be punished 
for the first offense by a fine not exceeding one hundred ($100) and for the 
second or any subsequent offense by a fine not exceeding five hundred 
($500) or by imprisonment of not more than six months, or by both such 
fine and imprisonment in the discretion of ihe court. 

833. Construction of Act. 

Sec. 13. This act shall be so interpreted and construed as to effect its 
general purpose to make uniform the law of those states which enact it. 



33^. Short Title. 

Sec. 14. This act may be cited as the Uniform Cold Storage Act. 

335. Repeal. 

Sec. 15. All acts or parts of acts inconsistent with this act hereby 
repealed. 

IMMATURE VEAL. 

An Act to regulate the sale of veal. Approved June 16. 1SS7, in foree July 1, 

1SS7. L. 18S7, p. 307. 

336. Calves under Four Weeks Old, Penalty. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
'sented in the General Assembly : That if any person kills, or causes to be 
killed, for the purposes of sale, any immature calf, or any calf less than 
four weeks old, or knowingly sells or has in his possession with intent to 
sell, for food the meat of any immature calf, or any calf killed when less 
than four weeks old, he shall be guilty of a misdemeanor, and upon convic- 
tion shall be punished by a fine of not less than $25, nor more than $50, or 
toy imprisonment in the county jail not exceeding 30 days, or by both fine 
and imprisonment, and all such meat exposed for sale or kept with intent 
to sell, may be seized and destroyed by any health officer, or any sheriff 
or deputy sheriff, constable or police officer. 

SANITARY FOOD. 

An Act to prevent the preparation, manufacture, packing, storing, or dis- 
tributing of food intended for sale, or sale of food, under unsanitary, 
unhealthful or unclean conditions or surroundings, to create a sanitary 
inspection, to declare that such conditions shall constitute a nuisance, 
and, to provide for the enforcement thereof. Approved June 5, 1911, in 
force July 1, li)ll. L. 1911, p. 528. 

337. Manufacturing Establishments, Lighting Draining and Ventilating. 
Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That every building, room, basement, en- 
closure or premises, occupied, used or maintained as a bakery, confectionery, 
cannery, packing house, slaughter house, creamery, cheese factory, restaurant, 
hotel, grocery, meat market, or as a factory, shop, warehouse, any public or 
place or manufacturing establishment used for the preparation, manufac- 
ture, packing, storage, sale or distribution of any food as defined by statute, 
which is intended for sale, shall be properly and adequately lighted, drained, 
plumbed and ventilated, and shall be conducted with strict regard to the 
influence of such conditions upon the health of the operatives, employees, 
clerks, or other persons therein employed, and the purity and wholesome-- 
ness of the food therein produced, prepared, manufactured, packed^ stored, 
sold or distributed. 

338. Unsanitary Condition Defined. 

Sec. 2. The floors, side walls, ceilings, furniture, receptacles, implements 
and machinery of every such establishment or place where such food 
intended for sale is produced, prepared, manufactured, packed, stored, sold 
or distributed, and all cars, trucks, and vehicles used in the transportation 
of such food products shall at no time be kept or permitted to remain in an 
unclean, unhealthful or unsanitary condition; and for the purpose of this 
act, unclean, unhealthful and unsanitary conditions shall be deemed to 
exist if food in the process of production, preparation, manufacture, packing, 
storing, sale, distribution or transportation is not securely protected from 
flies, dust, dirt, and as far as may be necessary, by all reasonable means, 
from all other foreign or injurious contamination; or if the refuse, dirt or 
waste products subject to decomposition and fermentation, incident to the 



105 

manufacture, preparation, packing, storing, selling, distributing, or trans- 
portation of such food are not removed daily or if all trucks, trays, boxes, 
buckets or other receptacles, or the chutes, platforms, racks, tables, shelves, 
and knives, saws, cleavers or other utensils, or the machinery used in 
moving, handling, cutting, chopping, mixing, canning or other processes 
are not thoroughly cleaned daily; or if the clothing of operatives, employees, 
clerks or other persons therein employed, is unclean. 

339. Sicleicalls and Ceilings. Construction. 

Sec. 3. The sidewalls and ceilings of every bakery, confectionery, 
creamery, cheese factory, and hotel or restaurant kitchen shall be so con- 
structed that they can easily be kept clean; and every building, room, base- 
ment, or inclosure occupied or used for the preparation, manufacture, pack- 
ing, storage, sale or distribution of food shall have an impermeable floor 
made of cement or tile laid in cement, brick, wood or other suitable material 
which can be flushed and washed clean with water. 

3-'iO. Doors and Screens. 

Sec. 4. All such factories, buildings, and other places containing food 
shall be so provided with proper doors and screens adequate to prevent con- 
tamination of the product from flies. 

341. Toilet Rooms. 

Sec. 5. Every such building, room, basement, inclosure, or premises 
occupied, used or maintained for the production, preparation, manufacture, 
canning, packing, storage, sale or distribution of such food, shall have 
adequate and convenient toilet rooms, lavatory or lavatories. The toilet 
rooms shall be separate and apart fi'om the room or rooms where the process 
of production, preparation, manufacture, packing, storing, canning, selling 
and distributing is conducted. The floors of such toilet rooms shall be of 
cement, tile, wood, brick or other nonabsorbent material, and shall be 
washed and scoured daily. Such toilet or toilets snail be furnished with 
separate ventilating flues and pipes discharging into soil pipes or shall be 
on the outside of and well removed from the building. Lavatories and wash 
rooms shall be adjacent to toilet rooms, or when the toilet is outside of the 
building, the wash room shall be near the exit to the toilet and shall be 
supplied with soap, running water and towels and shall be maintained in 
a sanitary condition. 

342- Nuisance Defined. 

Sec. 6. If any such building, room, basement, inclosure or premises 
occupied, used or maintained for the purposes of the aforesaid, or if the 
floors, sidewalls, ceilings, furniture, receptacles, implements, appliances or 
machinery of any such establishment, shall be constructed, kept, maintained, 
or permitted to remain in a condition contrary to any of the requirements 
or provisions of the preceding five (5) sections of this act, the same is 
hereby declared a nuisance, and any toilet, toilet room, lavatory or wash 
room as aforesaid, which shall be constructed, kept, maintained or permitted 
to remain in a condition contrary to the requirements or provisions of sec- 
tion five (5) of this act, is hereby declared a nuisance; and any car, truck, 
or vehicle used in the moving or transportation of any food product as 
aforesaid, which shall be kept or permitted to remain in an unclean, 
unhealthful or unsanitary condition is hereby declared a nuisance. Whoever 
unlawfully maintains, or allows or permits to exist a nuisance as herein 
defined shall be guilty of a misdemeanor, and, on conviction thereof, shall 
be punished as herein provided. 

3-'i3. Cuspidors. 

Sec. 7. Every person, firm, or corporation operating or maintaining an 
establishment or place where food is produced, prepared, manufactured, 
packed, stored, sold or distributed shall provide the necessary cuspidors for 
the use of the operatives, employees, clerks, and other persons and each 



lOG 

cuspidor shall be thoroughly emptied and washed out daily with water or a 
disinfectant solution, and five ounces thereof shall be left in each cuspidor 
while it is in use. Whoever fails to observe the provisions of this section 
shall be guilty of a misdemeanor and punished as hereinafter provided. 

S.'tlf. Expectorating, Penalty. 

Sec. 8. No operative, employee, or other persons shall expectorate on the 
food or on the utensils or on the floors or sidewalls of any building, room, 
basement, or cellar where the production, preparation, manufacture, packing, 
storing or sale of any such food is conducted. Operatives, employees, clerks, 
and all other persons who handle the material from which such food is pre- 
pared or the finished product before beginning work, or after visiting toilet 
or toilets, shall wash their hands thoruoghly in clean water. Whoever fails 
to observe or violates the provisions of this section, shall be guilty of a 
misdemeanor and punished by a fine of not more than twenty-five dollars. 

SJfo. Sleeping in Work, Room. 

Sec. 9. It shall be unlawful for any person to sleep, or to allow or permit 
any person to sleep in any work room of a bake shop, kitchen, dining room, 
confectionery, creamery, cheese factory, or any place where food is prepared 
for sale, served or sold, unless all foods therein handled are at all times in 
hermetically sealed packages. 

3Jt6. Contagious Diseases. 

Sec. 10. It shall be unlawful for an employer to require, suffer or permit 
any person who is affected with any contagious or venereal disease to work, 
or for any person so affected to work, in a building, room, basement, in- 
closure, premises or vehicle occupied or used for the production, preparation, 
manufacture, packing, storage, sale, distribution, or transportation of food. 

847. Inspection, Reports, Prosecutions. 

Sec. 11. It shall be the duty of the State Food Commissioner and those 
appointed by him to enforce this act, and for that purpose the State Food 
Commissioner and his appointees shall have full power at all times to enter 
every such building, room, basement, inclosure or premises occupied or 
used or suspected of being occupied or used for the production, preparation 
or manufacture for sale, or the storage, sale, distribution or transportation 
of such food, to inspect the premises and all utensils, fixtures, furniture and 
machinery used as aforesaid; and if upon inspection any such food producing 
or distributing establishment, conveyance, or any employer, employee, clerk, 
driver or other person is found to be violating any of the provisions of tliis 
act, or if the production, preparation, manufacture, packing, storage, sale, 
distribution or transportation of such food is being conducted in a manner 
detrimental to the health of the employees and operatives, or to the character 
or quality of the food therein being produced, manufactured, packed, stored, 
sold, distributed or conveyed, the officer or inspector making the inspection 
or examination shall report such conditions and violations to the State Food 
Commissioner. The State Food Commissioner or the assistant commissioner 
shall thereupon issue a written order to the person, firm or corporation 
responsible for the violation or condition aforesaid to abate such condition 
or violation or to make such changes or improvements as may be necessary 
to abate them, within such reasonable time as may be required in which to 
abate them. Notice of such order may be served by delivering a copy thereof 
to said person, firm or corporation or by sending a copy thereof by registered 
mail, and the receipt thereof through the post office shall be prima facie 
evidence that notice of said order has been received. Such person, firm or 
corporation shall have the right to appear in person or by attorney before 
the State Food Commissioner, or the person appointed by him for such pur- 
pose, within the time limited in the order, and shall be given an opportunity 
to be heard and to show why such order or instructions should not be 
obeyed. Such hearing shall be under such rules and regulations as may be 
prescribed by the State Food Commissioner. If after such hearing it shall 
appear that the provision-? or requirements of thii; act have not been violated, 



107 

said order shall be rescinded. If it shall appear that the requirements or 
provisions of this act are being violated, and that the person, firm or cor- 
poration notified as aforesaid is responsible therefor, said previous order 
shall be confirmed or amended, as the facts shall warrant, and shall there- 
upon be final, but such additional time as is necessary may be granted within 
wliich to comply with said final order. If such person, firm or corporation 
is not present or represented when such final order is made, notice thereof 
shall be given as above provided. On failure of the party or parties to 
comply with the first order of the State Food Commissioner within the time 
prescribed, when no hearing is demanded, or upon failure to comply with the 
final order, within the time specified, the State Food Commissioner shall 
certify the facts to the State's attorney of the county in which such violation 
occurred, and such State's attorney shall proceed against the party or parties 
for the fines and penalties provided by this act, and also for the abatement 
of the nuisance: Provided, that the proceedings herein described for the 
abatement of nuisances as defined in this act shall not in any manner relieve 
the violator from prosecution in the first instance for every such violation, 
nor from the penalties for such violation prescribed by section 13 of this act. 

J./.9. Fines. Payment. 

Sec. 12. All fines collected under the provisions of this act shall be paid 
Into the county treasury of the county in which the prosecution is brought, 
and it shall be the duty of the State's attorneys in the respective counties 
to prosecute all persons violating or refusing to obey the provisions of this 
act. 

349. Penalty. 

Sec. 13. Whoever violates any of the provisions of this act, or who re- 
fuses to comply with any lawful order or requirement of the State Food 
Commissioner, duly made in writing as provided in section 11 of this act, 
shall be guilty of a misdemeanor and on conviction shall be punished for the 
first offense by a fine of not less than ten dollars ($10.00) nor more than two 
hundred dollars ($200.00), and for the second and subsequent offenses by a 
fine of not less than fifty dollars ($50.00) nor more than two hundred dollars 
($200.00), or by imprisonment in the county jail for not more than ninety 
days, or both, in the discretion of the court, and each day after the expiration 
of the time limit for abating unsanitary conditions and completing improve- 
ments to abate such conditions, as ordered by the State Food Commissioner 
as aforesaid, shall constitute a distinct and separate offense. 

OLEOMARGARINE. 

"An Act to regulate the manufacture and sale of substitutes for butter. 
Approved June 1^, 1897, in force July 1, 1S97. L. 1897, p. 3. 

350. Imitation Butter Defined. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly: That for the purpose of this act, every 
article, substitute or compound other than (that) which is produced from 
pure milk or cream therefrom, made in the semblance of butter and designed 
to be used as a substitute for butter made from pure milk or its cream, is 
hereby declared to be imitation butter: Provided, that the use of salt and 
harmless coloring matter for coloring^ the product of pure milk or cream 
shall not be construed to render such product an imitation. 

351. Coloring. 

Sec. 2. No person shall coat, powder or color wuth annatto or any color- 
ing matter whatever any substances designed as a substitute for butter 



2' This act is a reasonable and appropriate to make them resemble genuine butter and thereby 

exercise of the police power in that it is designed deceive purchasers. People v. Freeman (1909), 

to prevent manufacturers and dealers from color- 242 111. 373, 379. 
ing oleomargarine or other substitutes for butter 



108 

whereby such substitute or product so colored or compounded shall be made 
to resemble butter, the product of the dairy. 

No person shall combine any animal fat or vegetable oil or other sub- 
stance with butter, or combine therewith, or with animal fat or vegetable 
oil, or combination of the two, or with either one, any other substance or 
substances, for the purpose or with the effect of imparting thereto a yellow 
color or any shade of yellow so that such substitute shall resemble yellow 
or any shade of genuine yellow butter, nor introduce any such coloring 
matter or such substance or substances into any of the articles of which 
the same is composed: Provided, nothing in this act shall be construed to 
prohibit the use of salt, rennet and harmless coloring matter for coloring 
the products of pure milk or cream from the same. 

No person shall, by himself, his agents or employees produce or manu- 
facture any substance in imitation or semblance of natural butter, nor 
sell nor keep for sale, nor offer for sale any Imitation butter, made or 
manufactured, compounded or produced in violation of this section, whether 
such imitation butter shall be made or produced in this State or elsewhere. 

This section shall not be construed to prohibit the manufacture and 
sale, under the regulations hereinafter provided, of substances designed to 
be used as a substitute for butter and not manufactured or colored as 
herein provided. 

352. Branding. 

Sec. 3. Every person who lawfully manufactures any substances de- 
signed to be used as a substitute for butter, shall mark by branding, 
stamping or stenciling upon the top and side of each box, tub, firkin or other 
package in which such article shall be kept, and in which it shall be removed 
from the place where it is produced, in a clear and durable manner in the 
English language, the word "oleomargarine," or the word "butterine," or the 
words "substitute for butter," or the words "imitation butter" in printed 
letters in plain Roman type, each of which shall not be less than three- 
quarters of an inch in length. 

353. Notice to Purchaser. 

Sec. 4. It shall be unlawful to sell or offer for sale any imitation butter 
without informing the purchaser thereof, or the person or persons to whom 
the same is offered for sale, that the substance sold or offered for sale is 
imitation butter. 

35-'/. Shipment, Marking. 

Sec. 5. No person by himself or others, shall ship, consign or forward 
by any common carrier, whether public or private, any substance designed 
to be used as a substitute for butter unless it shall be marked or branded 
on each tub, box, firkin, jar, or other package containing the same, as 
provided in this act, and unless it be consigned by the carriers and receipted 
for by its true name: Provided, that this act shall not apply to any goods 
in transit between foreign states across the State of Illinois. 

355. Unmarked Package, Possession. 

Sec. 6. No person shall have in his possession or under his control any 
substance designed to be used as a substitute for butter, unless the tub, 
firkin, jar, box or other package containing the same be clearly and durably 
marked as provided in this act: Provided, that this section shall not be 
deemed to apply to persons who have the same in their possession for the 
actual consumption of themselves [or] their families. Every person who 
shall have possession or control of any imitation butter for the purpose of 
selling the same which is not marked as required by the provisions of this 
act, shall be presumed to have known during the time of such possession or 
control the true character and name, as fixed by this act, of such product. 

356. Unmarked Substance. Intention. 

Sec. 7. Whoever shall have possession or control of any imitation butter 
or any substance designed to be used as a substitute for butter, contrary 



109 

to the provisions of this act, for the purpose of selling the same, or offering 
the same for sale shall be held to have possession of such property with, 
intent to use it in violation of this act. 

357. Actions, Parties. 

Sec. 8. No action shall be maintained on account of any sale or contract 
made in violation of, or with intent to violate, this act, by or through any 
person who was knowingly a party to such wrongful sale or contract. 

35S. Removing Marks. 

Sec. 9. Whoever shall deface, erase or remove any mark provided by 
this act, with intent to mislead, deceive or to violate any of the provisions 
of this act, shall be guilty of a misdemeanor. 

359. Penalty, Prosecutions. 
Sec. 10. '^Whoever shall violate any of the provisions of this act shall 

be punished by a fine of not less than $50 nor more than $200, or by im- 
prisonment in the county jail not to exceed 60 days for each offense or by 
both fine and imprisonment, in the discretion of the court, or the fine alone 
may be sued for and recovered before any justice of the peace in the county 
where the offense shall be committed, at the instance of any person in the 
name of the People of the State of Illinois as plaintiff. 

Sec. 11. It is hereby made the duty of the State's attorney of each 
county in this State to prosecute all violations of this act upon complaint of 
any person, and there shall be taxed as his fees in the case the sum of ten 
dollars ($10), which shall be taxed as costs in the case. 

BRANDING BUTTER. 

An Act to prevent fraud in the branding and sale of wocess and renovated 
butter. Approved April 24, 1901, in force July 1, 1901. L. 1901, p. 315. 

360. Renovated Butter, Sale. 
Section 1. Be it enacted by the People of the State of Illinois repre- 
sented in the General Assembly: That no person, firm, corporation, agent 
or employee shall manufacture, sell, offer or expose for sale in this State 
any butter that is produced by taking original packing stock butter, or 
other butter, or both, and melting the same so that the butter fat can be 
drawn off or extracted, then mixing the said butter fat with skimmed 
milk, or milk, or cream, or other milk product, and rechurning or reworking 
the said mixture, or that produced by any process that is commonly known 
as boiled, process or renovated butter, unless the same is branded or marked 
as provided in Sec. 2 of this act. 

361. Renovated Butter, Branding. 
Sec. 2. No person, firm, corporation, agent or employee, shall sell, offer 

or expose for sale, or deliver to purchaser, any boiled, process or renovated 
butter, as defined in section 1 of this act, unless the words "Renovated 
Butter" shall be plainly branded with gothic or bold-faced letters at least 
three-fourths of an inch in length, on the top and sides of each tub, or box, 
or pail, or other kind of a case, or package, or on the wrapper of prints 
or rolls in which it is put up. If such butter is exposed for sale uncovered 
or not in a case or package, a placard containing the label so printed shall 
be attached to the mass of butter in such manner as to easily be seen and 
read by the purchaser. The branding or marking of all packages shall be 
in the English language, and in a conspicuous place, so as to be easily seen 
and read by the purchaser. 



2 8 Prosecutions under this act are not depen- People v. Anderson Tea Co. (1913), 178 III. App. 
dent upon a compliance with section 4 of the Pure 124, 126. 
Food Law; the two acts not being in pari materia. 



110 

362. Commissioner's Duty, Costs. 

Sec. 3. The State Food Commissioner and his assistants, experts and 
chemists, by him appointed, shall be charged with the proper enforcement 
of all the provisions of this act. When complaint is made by the said State 
Food Commissioner, his assistants, employees or chemists, or by any other 
person authorized by the said State Food Commissioner, security for costs 
shall not be required. 

863. Penalty. 

Sec. 4. Whoever violates any provision of this act shall be deemed 
guilty of a misdemeanor, and shall for each offense, upon conviction thereof, 
be subject to a fine of not less than twenty-five dollars nor more than fifty 
dollars, or of imprisonment in the county jail for any period not to exceed 
six months. 

S64- Commissionefs Poicers. 

Sec. 5. The said commissioner and his assistants, experts, chemists or 
agents, shall have access and ingi'ess to all places of business, factories, 
stores and buildings, used for the manufacture or sale of butter. They 
also shall have power and authority to open any tub, box, pail or other kind 
of case or package containing any butter that may be manufactured, sold or 
exposed for sale. 

STOCK FOOD. 

An Act to regulate the sale and analysis of concentrated ■feeding stuffs. 
Approved May IS, 1905, in force July 1, 1905. L. 1905, p. 393. 

365. Certificates, Requisites. 

Section 1. Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly : Every lot or parcel of concentrated com- 
mercial feeding stuffs, as defined in section 2 of this act, used for feeding 
live stock or poultry, sold or offered or exposed for sale within this State, 
shall have affixed thereto, in a conspicuous place on the outside thereof, a 
plainly printed statement in the English language clearly and truly certi- 
fying: 

(a) The net weight of the contents of the package, lot or parcel; 

(6) The name, brand, or trade-mark; 

(c) The name and principal address of the manufacturer, or the person 
or persons responsible for placing the commodity on the market; 

(d) The minimum per centum of crude protein; the minimum per 
centum of crude fat; and the maximum per centum of crude fibre; (to be 
determined by the methods adopted by the Association of Official Agricul- 
tural Chemists of the United States). 

(e) The specific name of each ingredient used in its manufacture. 

A copy of said statement shall be filed with the State Food Commissioner 
during the month of December, of each year, or before any concentrated 
commercial feeding stuffs is offered for sale, exposed for sale or sold. 

If the feeding stuff is sold in bulk, there shall (be) placed in a prominent 
position upon the bin or other container in which such feeding stuff is 
contained a placard in large letters of not less than one-half inch in length 
which shall clearly set forth the requirements contained in sub-sections b, 
c, d and e of this section, so as to be easily read by customers, or if it is 
put up in packages belonging to the purchaser, the agent or dealer shall 
furnish him with a certified statement described in this section. (As 
amended by act approved June 25," 1915, in force July 1, 1915. L. 1915, p. 
713.) 

300. Concentrated Commercial Feeding Stuffs Defined. 

Sec. 2. The term "concentrated commercial feeding stuffs," as used in 
this act, shall include cottonseed meals, linseed meals, pea meals, bean meals, 
peanut meals, cocoanut meals, gluten meals, gluten feeds, maize feeds, starch 
feeds, sugar feeds, sucrene feeds and oil meals of all kinds, dried distillers' 



Ill 

grains, wet distillers' grains, dried brewers' grains, wet brew'ers' grains, 
malt sprouts, malt refuse, dried beet pulp, dried meat refuse, ground 
meat or fish scraps, meat and bone meals, blood meals, tankage, chop 
feeds, hominy feeds, cereline feeds, rice meals, rice bran, oat middlings, 
rye bran, rye middlings, corn bran, oat feeds, corn and oat feeds, corn, 
oat and barley feeds, which are not composed of the whole and entire 
grains of corn, oats and barley or to which other substances have been 
added, wheat middlings and wheat bran which contain screenings or 
other substances, all mixed feeds, except as otherwise provided in sec- 
tion 3 of this act — clover and alfalfa meals, and any mixture of any 
of the before mentioned substances with each other or with any other 
substances, condimental stock and poultry feeds, medicinal stock and poultry 
feeds consisting of or containing any of the substances included as concen- 
trated commercial feeding stuffs as defined in this section, patented, 
proprietary or trade marked stock and poultry feeds and all other materials 
of a similar nature intended for stock or poultry, not included in section 
3 of this act. 

That for the purpose of this act, concentrated commercial feeding stuffs 
shall be held to be different brands, if said concentrated commercial feeding 
stuffs shall differ one from the other in one or more ingredients, or if 
being of similar composition said commercial feeding stuffs are sold, offered 
for sale or exposed for sale under different names or brands. (Amended 
as above.) 

367. Term Not to Include Wheat. ''Mix-Feed," Etc. 

Sec. 3. The term "concentrated commercial feeding stuffs," as used in 
this act shall not include wheat flour and other flours, hays, straws, the 
whole seeds nor the unmixed meals made directly from and composed of 
the whole and entire grains of wheat, rye, barley, oats, Indian corn, buck- 
wheat, kafflr corn, milo maize and broom corn and not containing other sub- 
stances, neither shall it include pure wheat bran or pure wheat middlings 
not containing screenings or other substances, but sold separately as distinct 
articles of commerce, nor pure wheat bran and pure wheat middlings mixed 
together and not containing screenings or other siibstances and known to 
the trade as "mixed feed." (Amended as above.) 

368. Penaltij. 

Sec. 4. Any manufacturer, importer, agent or other person or persons 
who shall offer for sale, expose for sale, or sell any concentrated commercial 
feeding stuffs within the meaning of this act without filing with the State 
Food Commissioner the statement required by section 1 of this act, or any 
concentrated commercial feeding stuffs included in section 2 of this act 
without the printed statement required by section 1 of this act, or with a 
label or tag stating that the said feeding stuffs contain a larger percentage 
of either crude protein or crude fat than is actually present therein, shall 
be guilty of a misdemeanor and upon conviction thereof chall be punished 
by a fine of fifty dollars ($50.00) for the first offense and one hundred 
dollars ($100.00) for each subsequent offense. (Amended as above.) 

369. Samples and Inspection. Penalty. 

Sec. 5. The State Food Commissioner is hereby authorized, in person or 
by deputy, to enter any premises where feed stuffs are stored and to take a 
sample not exceeding two pounds in weight, from any lot or package of any 
commercial feed stuff used for feeding any kind of farm live stock or poultry, 
as defined in section 2 or of excepted materials named in section 3' of this 
act, which may be in possession of any manufacturer, importer, agent or 
dealer. Any sample so taken shall be put in a suitable vessel and a label 
signed by the State Food Commissioner or his deputy, placed on or within 
the vessel, stating the name or brand of the feed stuff or material sampled, 
the guaranty, the name of the manufacturer, importer or dealer, the name 
of the person, firm or corporation from whose stock the sample was taken, 
and the date and place of taking: Provided, however, that whenever a 



11-3 

request to that effect is made the sample shall be taken In duplicate and 
carefully sealed in the presence of the person or persons in interest, or their 
representative, in which case one of the said duplicate samples shall be 
signed and retained by the person or persons whose stock was sampled. 
Any person who shall obstruct the State Food Commissioner or his deputy 
while in the discharge of his duty under this act, shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall be fined not less than 
twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) 
for each offense. The aforesaid State Food Commissioner shall cause at least 
one analysis of each feed stuff collected as herein provided to be made 
annually. Said analysis shall include the determinations of crude protein, 
of crude fat, of crude fiber, and of such other ingredients as it is deemed 
advisable at any time to determine. Said State Food Commissioner shall 
cause the results of the analysis of the sample to be furnished the Agricul- 
tural Experiment Station from time to time to be published in annual bul- 
letins or special circulars, together with such additional information con- 
cerning the character, composition and use thereof, as circumstances may 
require. 

370. Adulteration, Penalty. 

Sec. 6. Any person who shall adulterate any whole or ground grain with 
milling or manufacturing offals, or with any foreign substance whatever, or 
adulterate any bran or middlings or mixtures of wheat bran or wheat mid- 
dlings known in the trade as "mixed feed," or any other standard by-product 
made from the several grains or seeds with any foreign substance whatever, 
'for the purpose of sale, unless the true composition, mixture or adulteration 
thereof is plainly marked or indicated upon the package containing the 
same or in whicli it is offered for sale and any person who knowingly sells 
or offers for sale any whole or ground grain, bran, or middlings, or mixture 
of wheat bran and wheat middlings, known in the trade as "mixed feed," 
or other standard by-product, which has been so adulterated, unless the true 
composition, mixture or adulteration is plainly marked or indicated upon 
the package [containing] the same or in which it is offered for sale, shall 
on conviction be fined' not less than twenty-five dollars ($25.00) or more 
than one hundred dollars ($100.00) for each offense and such fines shall 
be paid into the treasury of the State. 

371. Commissioner's Duty. 

Sec. 7. It shall be the duty of the State Food Commissioner to prosecute 
the person or persons violating any provisions of this act, and for this 
purpose the State Food Commissioner may, if necessary, employ experts, and 
may further designate some person connected with his office or some other 
suitable person, to make complaints in his behalf; and in making com- 
plaints for violations of this act the person so designated shall not be 
required to enter any recognizance or to give security for the payment of 
costs: Provided, hoivevcr, that there shall be no prosecution in relation to 
the quality of any unadulterated commercial feed stuff if the same shall be 
found to be substantially equivalent to the statement of analysis made by 
the manufacturers or importers. 

372. License, Fee. 

Sec. 8. Each manufacturer, importer, agent or seller of any concentrated 
commercial feeding stuffs shall pay annually during the month of December 
in each year, to the treasurer of the State of Illinois, a license fee of twenty- 
five dollars ($25.00) for each and every brand of concentrated commercial 
feeding stuffs offered for sale, exposed for sale or sold. Said treasurer shall 
in each case at once certify to the State Food Commissioner the payment of 
such license fee. Each manufacturer, importer, person or persons who has 
complied with the provisions of this section shall be entitled to receive a 
certificate from the State Food Commissioner setting forth said facts. For 
violation of any of the provisions of this act the State Food Commissioner 
shall have the authority to revoke any such license. 



113 

It shall be unlawful to offer for sale, expose for sale or sell any con- 
centrated commercial feeding stuffs, unless the manufacturer, importer, 
agent or seller shall have paid the license fee as herein provided, and who- 
ever shall offer for sale, expose for sale or sell any concentrated commercial 
feeding stuffs without first securing a license as herein required, shall be 
guilty of a separate and distinct misdemeanor for each and every sale made 
without such license, and upon conviction thereof shall be punished by a 
fine of not less than twenty-flve dollars ($25.00) nor more than one hundred 
dollars ($100.00) or the fine may be sued for and recovered before any 
court of competent jurisdiction in the county where the offense shall have 
been committed at the instance of the State food commissioner or any 
other person in the name of the People of the State of Illinois as plaintiff 
in an action of debt: Provided, however, when the manufacturer, importer 
or shipper of concentrated commercial feeding stuffs shall have filed the 
statement required by section 1 of this act and paid the license fee as 
prescribed in this section, no agent or seller for such manufacturer, importer 
or shipper, shall be required to file such statement or pay such fee. In all 
proceedings or prosecutions brought under this section a certificate from 
the treasurer of the State of Illinois, stating that the defendant has not 
paid into the State treasury the license fee required by this section, shall 
be received in all courts as evidence that such license fee has not been paid. 

A certificate in the following form shall be sufficient: 

I, , Treasurer of the State of Illinois, hereby 

certify that the records of my office show that has 

not paid the license fee on brand of concentrated commercial 

feeding stuffs in December nor at any time since the year 

of 

Given under my hand and seal, this day of 



State Treasurer. 
(Amended as above.) 

373. Exemption. 

Sec. 9. This act shall not affect persons manufacturing, importing or 
purchasing feed stuffs for their own use and not to sell in this State. 

3T.J. ''Importer'' Defined. 

Sec. 10. The term "importer," for all the purposes of this act, shall be 
taken to include all who procure or sell concentrated commercial feed stuffs. 

37J. Judgment, Costs. 

Sec. 11. When the rendition of a judgment imposes a fine as provided 
in any of the sections of this act, it shall be the duty of the justice of tne 
peace or other court rendering such judgment also to render a judgment for 
costs, and such justice of the peace or other court shall forthwith issue a 
capias or warrant of commitment against the body of the defendant com- 
manding that unless said fine and costs be forthwith paid, the defendant shaii 
be committed to the jail of the county, and the constable or other oflficial 
to whose hands said capias or warrant shall come, shall in default of such 
payment arrest the defendant and commit him to the jail of the county, 
there to remain as provided by section 171 of "An Act to revise the law 
in relation to criminal jurisprudence," in force July 1, 1895, unless such fine 
and costs shall sooner be paid. 

Sec. 12. All acts and parts of acts inconsistent with this act, be and 
they are hereby repealed. 



-S A G I 



114 

PAINTS AND OILS. 

An Act to regulate the sale of paints, oils and other articles or compounds 
used in connection thereicith. Approved June 21, 1911, in force July 
1, 1917. 
37G. Paints, Labeling. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That every person, firm or corporation 
who shall expose for sale, or sell, within this State, any white lead or paint 
shall accurately label the same as hereinafter required. 

.377. Paint Defined. 

Sec. 2. The term "paint," as used in this act, shall include white lead 
in oil or any compound intended for the same use, paste or semi-paste, and 
liquid or mixed paint of any kind ready for use, or any compound intended 
for the same use. 

278. Labeling. 

Sec. 3. Labels required by this act shall clearly and distinctly state the 
name and address of the manufacturer of the article, or the dealer therein, 
or of the party for whom the same is manufactured, and for the purposes 
of this act paint shall be deemed to be improperly labeled or misbranded: 
(1) If it be an imitation of, and offered for sale under the name of another 
HTticle; or (2) if the contents of the package as originally put up shall have 
been removed in whole or in part, and other contents shall have been placed 
ift such package; or (3) if any label of the package containing it shall bear 
any statement, design or device regarding the ingredients or composition 
of the paint which statement, design or device shall be false or misleading 
in any respect. The label shall also state, in case of liquid paints, and 
other compounds, on packages holding one quart or more, the net measure 
of contents of each can, package or container. In case of white lead and 
other paints and compounds, the label shall show on packages weighing 
four pounds or more the net weight of each can, package or container. 

.77.9. Raio Linseed Oil. Sale. 

Sec. 4. No person, firm or corporation shall expose for sale, sell or take 
orders for sale and delivery within this State, any "raw linseed oil," unless 
the same is wholly obtained from the seeds of the flax plant (Linum usita- 
tissimum), and unless the same fulfills aJl che requirements recognized by 
the United States Pharmacopoeia. 

380. Pharmacopoeia Defined. 

Sec. 5. The term "United States Pharmacopoeia," as used in this act, 
shall refer to the latest revision of the United States Pharmacopoeia, official 
at the time of the sale in question. 

381. Boiled Linseed Oil, Sale. 

Sec. 6. No person, firm or corporation shall expose for sale, sell or take 
orders for sale and delivery within this State any "boiled linseed oil" or 
so-called "boiled oil" unless the same has been prepared from pure raw- 
linseed oil and lead and manganese driers. And for the purpose of this act, 
it shall also be deemed a violation hereof if boiled linseed oil does not 
conform to the following requirements: 

First — Its specific gravity at 25 degrees Centigrade as compared with 
water at 25 degrees Centigrade must be not less than 0.933 and not greater 
than 0.945. 

Second — Its saponification number must be not less than 186 nor greater 
than 195. 

Third — Its iodine absorption number (Hanus method) shall not be less 
than 168. 

Fourth — Its acid number must not be greater than 8. 



115 

Fifth — It must yield on analysis not more than one and one-half (1.5) 
per cent of unsaponifiable matter. 

Sixth — It must yield on analysis not less than two-tenths (0.2) of one 
per cent, nor more than seven-tenths (0.7) of one per cent of ash. 

Seventh — It must yield on analysis not less than one-tenth (0.1) of one 
per cent of lead. 

Eighth — It must yield on analysis not less than three-hundredths (0.03) 
of one per cent of manganese. 

Ninth — It must yield on analysis not more than three-tenths (0.3) ol 
one per cent of calcium. 

382. Linseed Oil, Sale. 

Sec. 7. No person, firm or corporation shall expose for sale or sell any 
flaxseed or linseed oil unless it is exposed for sale or sold under its true 
name, and each original unbroken tank car, tank, barrel, keg or vessel con- 
taining such oil has distinctly and durably marked thereon the true name 
of such oil, and the name and place of business of the manufacturer thereof, 
in ordinary bold-faced capital letters not less than five lines pica in size, 
the words "Pure Linseed Oil — Raw," "Pure Linseed Oil — Boiled," as the 
case may be. 

383. Linseed Oil Com/pounds, Sale. 

Sec. 8. No person, firm or corporation shall expose for sale, sell or take 
orders for sale and delivery within this State, any compound or mixture of 
linseed oil (raw or boiled) with other products, except as provided in sec- 
tion six (6) of this act or any product which is intended to be used as a 
substitute for linseed oil (raw or boiled), unless it is exposed for sale and 
sold under the name, "Substitute for lineseed oil," and, if the words "linseed" 
or "flaxseed" are iised other than in the name, the true name of each 
and every ingredient of said product shall also appear, giving preference of 
order to the ingredients present in the greater proportion, but all letters 
used in naming the ingredients shall be ot the same size and color, using 
the style of type as hereinafter specified. Each tank car, tank, barrel, keg, 
can, jug or vessel (both wholesale and retail), also all storage receptacles 
irontaining said product, shall be distinctly and durably marked in a con- 
spicuous place, using the English language and kind of type as hereinafter 
specified, giving the name under which it is sold, the names of ingredients 
when required, and the name and place of business of the manufacturer 
thereof, in continuous list, with no intervening matter. 

SS.'i. Violation Defined. 

Sec. 9. Any failure to label said article as above specified or any erasures, 
defacerments or carelessness in printing or stamping labels or any statement 
regarding the composition of said article or any statements of any kind 
which are misleading, deceptive or which are not true, are hereby declared 
a violation of this act. 

38.'). Turpentine, Sale. 

Sec. 10. No person, firm or corporation shall expose for sale, sell or take 
orders for sale and delivery within this State any "oil of turpentine" or so- 
called "spirits of turpentine," "turpentine" or "turps," unless the same is 
wholly the volatile oil derived from the oleo-resinous exudation from, or the 
resinous wood of various species of coniferous trees. And for the purpose 
of this act, it shall also be deemed a violation hereof if oil of turpentine 
does not conform to the standard specifications for turpentine as appearing 
in the latest biennial issue of the "A. S. T. M. Standards" issued by the 
American Society for testing materials. 

386. Turpentine, Marking. 

Sec. 11. No person, firm or corporation shall expose for sale or sell any 
oil of turpentine unless it is exposed for sale or sold under its true name, 
and each original unbroken tank car, tank, barrel, keg. or vessel containing 



116 

such oil has distinctly and durably marked thereon the true name of such 
oil, and the name and place of business of the manufacturer thereof, in 
ordinary bold-faced capital letters not less than five lines pica in size. 

3S7. Turpentine Substitutes, Sale. 

Sec. 12. No person, firm or corporation shall expose for sale, sell, or take 
orders for sale and delivery within this State, any compound or mixture of 
oil of turpentine with other products, or any product which is intended to 
be used as a substitute for oil of turpentine unless it is exposed for sale 
and sold under the name, "Substitute for oil of turpentine," and, if the 
word, "turpentine" is used other than in the name, the true name of each 
and every ingredient of said product shall also appear, giving preference 
of order to the ingredients present in the greater proportion, but all letters 
used in naming the ingredients shall "be of the same size and color, using 
the style of type as hereinafter specified. Each tank car, tank, barrel, keg, 
can, jug, or vessel (both wholesale and retail), also all storage receptacles 
containing said product, shall be distinctly and durably marked in a con- 
spicious place, useing the English language and kind of type as hereinafter 
specified, giving the name under which it is sold, the names of ingredients 
when required and the name and place of business of the manufacturer or 
jobber thereof, in continuous list, with no intervening matter of any kind, 
using ordinary bold-faced capital letters not less than five lines pica in size 
and there shall be such a contrast between the color of the type and the 
background of the label as to render the same easily and plainly legible. 

3$S. Violation Defined. 

Sec. 13. Any failure to label said article as above specified or any era- 
sures, defacements or carelessness in printing or stamping labels or any 
statement regarding the composition of said article or any statements of any 
kind which are misleading or deceptive or which are not true are hereby 
declared a violation of this act. 

3S9. Enforcement of Act. 

Sec. 14. It is hereby made the duty of the Department of Agriculture to 
enforce the provisions of this act. The inspectors, assistants and chemists 
appointed by the Department of Agriculture shall perform the same duties 
and have the same authority under this act as are prescribed by an act en- 
titled, "An Act to prevent fraud in the sale of dairy products, their imitation 
or substitutes, to prohibit and prevent the manufacture and sale of unhealth- 
ful, adulterated or misbranded food, liquors or dairy products, to provide 
for the appointment of a State food commissioner and his assistants, to 
define their powers and duties and to repeal all acts relating to the pro- 
duction, manufacture and sale of dairy and food products and liquors in 
conflict herewith," approved May 14, 1907, in force July 1, 1907, as amended. 

390. Penalty. 

Sec. 15. "Whoever shall violate any of the provisions of this act shall be 
guilty of a misdemeanor and shall, upon conviction thereof, be punished by 
a fine of not exceeding one hundred dollars ($100.00). 



117 



INDEX. 



(References are to pages and paragraphs in parentheses) 



Adulterated defined, 15 note 10 
Advisory boards. See Powers and duties, non- 
executive duties 
Agricultural advisors, board of, 9 (2) 
Agricultural Experiment Station. See Experi- 
ment station 
Annual report 

apiaries, 13 (1.5) 

stock breeding, 12 (14) 

See Reports 
Apiaries 

inspection, 24 (40) 

notice to abate nuisance, 24 (40) 

nuisance, abatement, 24 (40) 

nuisance, when bee-fixtures are a, 24 (40) 

nuisance, when bee-hives are a, 24 (40) 

penalties, 24 (42) 

report, 24(41) 

See Powers and duties 
Arbor Day 

planting, 40 (106) 



Baking Powder. See Foods. 

Bee-fixtures. See Apiaries, nuisance 

Bee-hives. See Apiaries, nuisance 

Board of agricultural advisors. See Agricultural 

advistors. 
Board of State Fair advisors. See Fair advisors 
Boric acid, food preservative, 15, note 10 
Branch offices, establishment of, 9 (4) 
Bureau of animal industry. See Cattle 
Butter 

commissioner's duty, 110 (362) 

commissioner's powers, 110 (364) 

limitation of prosecution, 99 (311) 

process butter, branding, 94 (297) 

process butter, sale, 94 (296) 

prosecution, costs, 110 (362) 

renovated butter, branding, 109 (361) 

renovated butter, sale, 109 (360) 

violation, penalty, 110 (362) 

See Oleomargarine 
Butter and cheese factories. See Cheese factories 
By-laws 

Farmers' institute, 23 (36) 

Horticultural societj^, 21 (2S) 



Cars, cleaning and disinfecting, 48 (133) 
Cattle 

bureau of animal industry, inspectors' powers, 
49 (13S) 

cleaning and disinfecting ears, 4S (133) 

delivery, 46 (123) 

feeding, lien, 47 (128) 

importation, affidavit of classification, 46 (120) 

importation, certificate of health, 45 (116) 

importation certificate of health, exemption, 45 

(117) 

importation, certificate of health, requirements, 
45 (118) 

in transit, 46 (121) 



Cattle— Concluded. 

marking, 48 (135) 

pleuro-pneumonia, rules and regulations, 49 
(137) 

separate place in yards, 48 (135) 

splenic or Texas fever, importation of cattle, 48 
(132) 

transportaton companies, responsibility, 46 
(122) 

transportation, permit, 46 (119) 

tuberculin test, consent, 47 (126) 

tuberculin test, dairy animals, 48 (131) 

tuberculin test, expense, lien, 46 (124) 

tuberculin test, ordinance, 48 (131) 

tuberculin tested, sale, 47 (125) 

unloading, pens, 48 (134) 

violation of Texas Fever act, penalty, 49 (136) 

See Contagious diseases, also Swine 
Central ofllce, establishment of, 9 (4) 
Cheese factories 

actions, 38 (94) 

bond, 38 (93) 

bond, form, 38 (94) 

bond, recording, 39 (95) 

penalties, 39 (96) 

reports, 38 (93) 
Civil service 

assignment of employees from classified service, 
9(5) 

Fariners' institute, 21, note 14 
Cold storage 

article of food defined, 101 (321) 

cold storage defined, 101 (321) 

cold storage warehouse defined, 101 (321) 

construction of act, 103 (333) 

food articles, sale, 103 (329) 

inspection, 102 (325) 

labeling food articles, evidence, 102 (327) 

license, fee, 101 (322) 

record, 102 (324) 

reports, 102 (324) 

returned goods, 103 (330) 

rules and regulations, prescribing, 103 (331) 

storing food articles, 102 (326) 

storing food articles, duration, removal, 102 (328) 

supervision, 102 (325) 

unsanitary condition, 101 (323) 

violation, penalty, 103 (332) 
Cold Storage warehousing. See Powers and duties 
Commercial feeding stuffs 

adulteration, penalty, 112 (370) 

certificates, requireincnts, 110 (365) 

commissioner's duty, 112 (371) 

concentrated feeding stufls defined, 110 (366) 

exemption, 113 (373) 

importer defined, 113 (374) 

inspection, penalty. 111 (369) 

judgment, costs, 113 (375) 

license, fee, 112 (372) 

mixed feed, exemption, 111 (367) 

samples, penalty, 111 (369) 

violation, penalty , 111 (368) 
Commercial fertilizers 

analysis, 39 (100) 

annual report, 40 (103) 

certificates, filing, 39 (98) 

fines, action, 40 (102) 

license, fee, 39 (99) 

packages, marking, 39 (97 



118 



INDEX — Continued. 



Commercial f ert ili zcrs— Concluded . 
penalties, 39(101) 
prosecutions, 40 (105) 
samples, 40 (104) 
Set Powers and duties 
Commission merchants 
statements, record, 37 (91) 
violation, penalty, 3S (92) 
Communicable diseases. Sec Contagious diseases 
Contagious diseases 
alTected districts, importation or transportation, 

penalty, 43(109) 
afl'ected districts, proclamation, 42 (lOS), 43 

(109) 
atl'ccted districts, quarantine, 42 (108) 
affected districts, report, 42 (108) 
appeal from quarantine order, 42 (107) 
appraisers, selection of, 41 (107) 
barns, stables, etc., quarantine, 42 (107) 
carcasses, disposition of, 41 (107) 
claims, allowance, 44 (113) 
concealment of communicable disease, penalty, 

43 (111) 
constables' aid, 44 (114) 
contagious disease defined, 11 note 4 
cooperation with Federal authorities, 45 (114) 
disinfecting cars, etc., 41 (107) 
fines, payment, 44 (112) 

importation of diseased animals, penalty, 47 
(130) 
., importation or transportation of prohibited 
stock, penalty, 43 (HI) 
investigation, 41 (107) 
marshalls' aid, 44 (114) 
mayors' aid, 44 (114) 
owner of cattle, dut}-, 41 (107) 
plcuro-pneumonia, quarantine, expenses, 50 

(139) 
police officers' aid, 44 (114) 
quarantine, 41 (107) 
quarantine, evidence, 42 (107) 
quaratine, notice, 42 (107) 
quarantine regulations, violation, penalty, 42 

(108) 
quarantine, stock yards, 47 (129) 
removal of diseased animsls, 43 (110) 
rules and regulations, prescribing, 41 (107) 
sheriffs' aid, 44 (114) 
slaughter of animals, 41 (107) 
veterinarian's failure to report, penalty, 44 (111) 
violation of act, penalty, 47 (127) 
violation of Pleuro-Pneumonia act, penalty, 50 

(140) 
See Swine 
Cooperation, director's duty in regard to, 10 (7) 
Coordination, director's duty in regard to, 10 (7) 
County funds, authorization, 23 (3S) 
Cream". See Milk. 
Cruelty to animals 
confi'ning animals, penalty, 59 (186) 
cruelty defined, penalty, .59 (185) 
mutilation of horses, penalty, 59 (187) 



Dairy containers 

brand, adoption, 100 (314) 

brand, defacing, 101 (318) 

brand, device, registration, 100 (315) 

enforcement of act, 101 (320) 

registered brand, protection, 101 (316), (317) 

violation, penalty, 101 (319) 
Director. See Cooperation, Coordination and 

Efficiency. 
Dogs 

affidavit of loss, 63 (205) 

damages, action, 62 (200) 

damages, judgment, 62 (204) 

damages, payment. 63 (205) 

damages, verdict, 62 (204) 

execution, 62 (204) 

killing, 61 (195) 



Dogs— Concluded . 

license fee, exemption, 61 (199) 

license fund, distribution, 62 (203) 

listing, 61 (197) 

metallic tag, assessor's duty. 61 (198) 

sheep killing, action, 60 (194) 

trespassing, etc., 62 (201) 

use of poison, 62 (202) 

violation of act, penalty, 64 (207) 

witness fees, 63 (206) 
Domestic animals 

enforcement of act, 60 (191) 

exemption, 60 (192) 

poundmaster, appointment, 60 (190) 

pound, selection, 60 (190) 

running at large, 59 (188) 

violation of act, penalty, .59 (189) 

Sec Contagious diseases, also Dogs. . 
Duplication, elimination of, 10 (7) 



Efficiency, directors duty in regard to, 10 (7) 
Eggs 

limitation of prosecution, 99 (311) 

preliminary hearing, 99 (311) 

unwholesoine, sale, 98 (310) 
Employees 

another department's, 10 (7) 

compensation, 9 (5) 
Entomology. See Insect and plant diseases, 

. also Powers and duties. 
Executive officers, organization, 9 (1) 
Expenditures, method of making, 10 (9) 
Experiment station 

cut flowers, etc., improve methods for 36, (S3) 

dairying, improve methods for, 36 (82) 

expenditures, 37 (89) 

experiments, 35 (79) 

geological survey, 37 (88) 

housekeeping instruction. 36 (84) 

instruction in crops, etc., 34 (77) 

investigations, 35 (78) 

meetings of committees, 36 (86) 

mining engineering, 36 (87) 

orchards, improve methods for, 35 (81) 

soil examination, 35 (80) 

soil maps, 36 (85) 

standard of purity and strength, 96 (308) 
Sec Foods 



Fair advisors, board of, 9 (2) 
Farmers' institute 

annual meeting, 22 (33) 

annual report, 22 (32) 

appropriations, 23 (37) 

by-laws, 23 (36) 

civil service, 21, note 14 

delegates, 21 (30) 

directors', duties, 22 (34) 

directors, election, 22 (34) 

directors, powers, 22 (32) 

elections, 22(31) 

expenditures, 22 (32) 

funds, 22 (32) 

management, 21 (31) 

meetings, 22 (33) 

nature of organization, 21 (29) 

organizatioii, 21 (31) 

quarters, 23 (35) 
Fish. Set Game and fish 
Fish market. Sec Game and fish 
Fish preserves. See Game and fish 
Fishing license. See Game and fish 
Fishways. See Game and fish 
Foods 

adulterated or misbranded, 87 (273) 

adulteration defined, 87 (276) 



119 



INDEX — Continued. 



Foods— Concluded. 

analyses and examinations, 85 (269) 

annual report. S5 (269) 

appointment of commissioner, 84 (269) 

baking powder, Jabelins, 91 (281) 

black pepper, standard of purity and strenrth, 
97 (308) 

Board of health, samples, g.'i (301) 

branding, vinegar, 90 (279) 

capias, 100 (313) 

cloves, standard of purity and strength 96 (308) 

commissioner, powers of", 85 (270) ' 

condemnation of illegal foods, 89 (278) 

confiscation of illegal foods, S9 (278) 

construction of act, 97 (308) 

employer's liabilitv, 96 (304) 

extracts, labeling, 91 (280) 

fines, fees and penalties, payment, 96 (305) 

food defined, 87 (275) 

honey, standard of purity and strength, 96 (308) 

illegal food, sale, 97(309) 

illegal food, seizure, 94 (298) 

inspectors, powers of. So (270) 

judgment, 100 (313) 

label, mutilating, 91 (283) 

label, size of type, 96 (306) 

labratory, establishment, 85 ( 269) 

limitation of prosecution, 99 (311) 

malt or vinous liquor, adulteration, 91 (282) 

maple sugar, standard of purity and strength. 96 
(308) 

misbranded, 87 (273) 

misbranded defined, 88 (277) 

olive oil, standard of purity and strength, 97 
(308) ^ 

records, certificate, 84 (269) 

records, evidence, 84 (269) 

refusal to assist inspector, 86 (271) 

regulations, prescribing, 96 (307) 

rules and regulations, prescribing, 96 (307) 

samples. Board of health, 95 (301) 

samples, taking, 86 (272) 

search warrant, 95 (299) 

shift or device, 96 (303J 

standard of purity and strength, 96 (308) 

state analyst, certificate, 96 (.302) 

state's attorneys, duty. 95 (300) 

vinegar, branding, 90 (279) 

vinegar, coloring, 15, note 10 

vinegar, standard of purity and strength, 97 
(308) 

violations, evidence, 87 (274) 

violations, penalty, 99 (312) 

See Butter, also Cold storage. Dairy containers. 
Eggs, Immature veal, Lard, Milk, Oleomar- 
garine, Powers and duties, Sanitarion 

Funds, disposition, 10 (8) 



Game and fish 
annual report, 83 (267) 
appointment of commission, 64 (208) 
appointment of wardens, 64 (209) 
bag limit, penalty, 66 (215) 
chemicals, etc , penalty, 75 (239) 
commercial purposes defined, 82 (260) 
complaint, 69 (223) 
constables' aid, 83 (266) 
contraband, 78 (250) 
coroners' aid, 83 (266) 
crowfoot bar defined, 82 (260) 
dams, construction, etc., 78 (251) 
dredge defined, 82 (260) 
duck, hunting, 64 (211) 
duties of commission, 64 (208) 
fines, payment, 73 (235), S3 (264) 
fire arms, etc., penalty, 75 (241) 
fish hatching, 73 (232), 78 (248) 
fish market, license, 72 (231) 
fish preserves, 73 (232) 
fishing devices, 74 (238) 



Game and fish — Concluded. 

fishing devices, seizure, 7S (249) 

fishing license, application, 72 (230) 

fishing license, penalty, 71 (229) 

fishing season, 77 (247) 

fishways, construction, 78 (251) 

fur-bearing animals, hunting, 64 (211) 

game animals, sale, penalty, 65 (212) 

game birds defined, 66 (213) 

game birds, sale, penalty, 65 (212) 

game reservation, penalty, 71 (228) 

hearing, 70 (224) 

hunting license, application, penalty, 70 (227) 

inspection, power of, 80 (254) 

judgment, 70 (224) 

license, alteration, penalty, 73 (234) 

license fees, payment, 73 (233) 

license, revocation, 80 (2.56) 

mussels caught, report, seizure, 81 (260) 

mussels defined, 82 (260) 

mussels, license, application, pena'ty, 80 (257) 

mussels preserves, penalty, 81 (259) 

mussels, undersize, penalty, 81 (258) 

nests or eggs, destroying, exemption, 69 (221) 

nests or eggs, destroying, penalty, 69 (220) 

"objeetional fish" defined, 80 (253) 

offenses, separate, penalty, S3 (263) 

ownership in fish, 74 (237) 

permits for scientific purposes, penalty, 69 (222) 

permits or certificates for scientific purposes, 
bond, fees, 82 (262) 

person defined, 80 (253) 

pole and line, 76 (242) 
. police oflTicers' aid, 83 (266) 

prairie chicken, hunting, 64 (211) 

prairie chicken, trapping, penalty, 66 (214) 

private premises, trespassing, penalty, 74 (236) 

proceeds, disposition, 70 (226) 

process, service, 82 (261) 

prosecutions, 73 (235), 82 (261) 

prosecutions, fines, payment, 83 (264) 

prosecutions, limitation, 83 (265) 

quail, junting, 64 (211) 

quail, trapping, penalty, 66 (214) 

rabbits, hunting, 64 (211) 

resisting officials, penalty, 80 (255) 

sale, notice, 70 (225) 

scientific purposes, permits, 69 (222), 82 (262) 

search warrant, etc., 69 (223) 

sheriffs' aid, S3 (266) 

shipment and transportation of fish, 77 (245) 

shipment and transportation of game, penalty, 
67 (216) 

shipment of game, permit, 67 (217) 

shipping, tags, 77 (247) 

tags and labels, penalty, 79 (252) 

underweight and undersize fish, 76 (243) 

unlawful structures, 75 (240) 

weight and size of fish, evidence, 77 (244) 

wild birds, killing, penalty, 66 (213) 

wild duck, trapping, penalty, 66 (214) 

wild game or birds, ownership, 68 (219) 

wild game or birds, possession, penalty, 68 (218) 

wild goose, trapping, penalty, 66 (214) 

See Powers and duties 
Game reservation. See Game and fish 



H 

Honey. See Foods 

Horses. See Cruelty to animals, mutilation 

Horticultural society 

by-laws, 21 (28) 

debts. State's liability 21 (25) 

district societies, 21 (27) 

election of officers, 21 (26) 

executive board, 20 (24) 

executive board, quorum, 21 (26) 

expenditures, 20 (25) 

funds, 20 (25) 

meetings, 20 (25) 

nature of corporation, 20 (22) 



120 



INDEX — Continued. 



Hortit'ultural society— Concluded. 

organization, 20 (23) 

powers, 20 (25) 
Hunting license. See Game and fish 



I 

Illinois Farmers' institute. See Farmers' insti- 
tute 
Illinois State Horticultural society. See Horti- 
cultural society 
Immature veal, calves under four weeks old, 

killing, penalty, 104 (336) 
Insect and plant diseases 

agent's certificate, 30 (57) 

agent's certificate, affidavit, 30 (58) 

agents defined, 29 (.')0) 

annual inspection, 29 (51) 

certificate of inspection, 29 (,54) 

certificate of inspection, withholding, 30 (55) 

dealer defined, 29 (50) 

dealer's certificate, affidavit, 30 (56) 

farm crops, preventive measures, 33 (69) 

foreign commerce, 34 (73) 

importation, quarantine notice, 32 (67) 

infected premises or stock, inspection, 29 (52) 

injurious insects, nuisance, 26 (44) 

insect pests and diseases defined, 28 (50) 

inspection, application, expenses, 27 (46) 

inspection certificate, 25 (43) 
^inspection, notice, 26 (44) 

interestate commerce, 34 (73) 

misusing certificate, 30 (59) " 

nuisance, abatement, notice, 32 (64) 

nuisance defined, 31 (63) 

nuisance, inspection, 26 (44) 

nurseries, inspection, 25 (43) 

nursery defined, 29 (50) 

nursery stock defined, 2S (.50) 

nursery stock, inspection. 29 (53) 

nursery stock, sale, 31 (62) 

nurseryman defined, 29 (50) 

official omissions, 34 (72) 

penalties, 28 (47), .33 (71) 

persons defined, 29 (.50) 

"places" defined, 29 (50) 

plants and plant products defined, 28 (50) 

prosecutions, 33 (71) 

quarantine, notice, 33 (6S) 

requested inspection, florists, 32 (66) 

requested inspection, municipality, 32 (65) 

review of action, 33 (70) 

San Jose scale, presence, 27 (46) 

shipping information, 31 (60) 

trees, shrubs, plants or \-ines, shipment, cer- 
tificate, 27 (45) 

uncertified nursery stock, labeling, 31 (61) 

uncertified nursery stock, report, 31 (61) 



Jacks. Sec Stallions and jacks 



LabeUng, eHect of, 15 (10) 
Lard 

illegal, 94 (293) 

imitation or substitute, sale, 94 (294), (295) 
License, marketing products, 37 (90) 
Live stock. Sec Contagious diseases, also Powers 
and duties 



M 



Malt or vinous licjuor. . Sec Foods 
Marketing products, license, 37 (90) 



Meat inspection, animals intended for human food 
to be inspected, 50 (145) 

killing of diseased animals, disposition, 51 (146) 

violation of act, penalty, 51 (147) 
Milk 

analyses, report, 93 (290) 

Babcock test, 93 (290) 

cans, washing, 92 (285) 

cream, measuring, standard, 92 (288) 

cream, standard of purity and strength, 96 (308) 

impure or unclean milk or cream, 92 (286) 

limitation of prosecution, 99 (311) 

measuring, standard, 92 (288) 

preservatives, sale, 93 (291) 

skimmed milk, cans, labeling, 92 (287) 

standard of purity and strength, 96 (308) 

testing apparatus", license, 92 (289) 

unclean or unwholesome, 91 (284) 

vehicles, marking, 93 (292) 

See Dairy containers 
Moneys, disposition, 10 (8) 
Mussels. See Game and fish 
Mussels preserves. See Game and fish 



Non-executive officers, organization, 9 (2) 
Nuisance. See Apiaries, also Insect and Plant 
Diseases 



Oils. See Paints and oils 
Oleomargarine 

actions, parties, 109 (357) 

branding, 108 (3.52) 

coloring, 107 (351) 

imitation butter defined, 107 (350) 

notice to purchaser, 108 (353) 

prosecutions, 109 (359) 

removing marks, 109 (358) 

shipment, marking, 108 (354) 

unmarked i^ackage, posession, 108 (355) 

unmarked substance, intention, 108 (356) 

violation, penalty, 109 (359) 
Organization 

executive officers, 9 (1) 

non-executive officers, 9 (2) 
Original package, canning compound, when not, 
14, note 9 



Paints and oils 

boiled linseed oil, sale, 114 (381) 

enforcement of act, 116 (389) 

labeling, 114 (378) 

linseed oil compounds, sale, 115 (383) 

Unseed oil, sale, 115 (382) 

paint defined, 114 (377) 

paints, labeling, 114 (376) 

pharmacopoeia defined, 114 (380) 

raw linseed oil, sale, 114 (379) 

turpentine, markin?;, 115 (386) 

turjjentine. sale, 115 (385) 

turpentine substitutes, sale, 116 (387) 

violation defined, 115 (384), 116 (388) 

violation, pcnalt", 116 (39r' 
Plant ius])eclion. See Insect and Plant diseases. 
Plants. *!(( Insect and plant diseases 
Pleuro-Pneuinonia. See Cattle 
Powers and duties 

aniaries, 13 (15) 

cold storage warehousing, 16 (IS) 

commercial fertiliznis, IS (20) 

entomologv, 17 (19) 

food, 14 (r) 

game and fish, 13(16) 

generally, 10(11) 



121 



INDEX— Concluded. 



Powers and duties— Concluded. 

livestock, 11 (12) 

non executive duties, 19 (21) 

stallion registration, 12 (13) 

stock breeding, 12 (14) 
Proclamation, Arbor Day, 40 (106) 
Pure food law. See Foods 



Quarantine See Contagious diseases, also Insecl 
and plant disca.ses 



Rare horses, entries, 58 (181) 
name under which entered, 58 (183) 
record, evidence, 58 (1,S4) 
violation of act, penally, .^S (182) 

Regulations. See Rules and regulations 

Reports, annual, 10 (10) 

Rules and regulations 
prescrihing, 9 (6) 

relief from enforcement of. 11 note 7 
requisites of, 11 note 7 

Running at large. See Domestic animals 



Sanitary food law. Sie Powers and duties, food 
Sanitation 

ceilings, construction, 105 (339) 

contagious diseases, lOti (346) 

cuspidors, 105 (343) 

doors screening, 105 (340) 

expectorating, penalty, 106 (344) 

fines, payment, 107 (348) 

inspection, 10^ (347) 

manufacturing establishment*, lighting, drain- 
ing, and ventilating, 104 (337) 

nuLsance defined, 105 (342) 

prosecutions, 106 (347) 

reports, 106 (347) 

screens, 105 (340) 

sidewalls, construction, 105 (339) 

sleeping in work room, 106 (345) 

toilet rooms, 105 (341) 

unsanitary condition defined, 104 (338) 

violation, penalty, 107 (349) 
San Jose scale. See Insect and plant diseases, in- 
spection 
San Jose Scale act. See Powers and duties, also 

Entomology 
Seal, adoption, 9 (3) 
Service lien. See Stallions and jacks 
Shrubs. See Insect and plant diseases 
Spiritous liquor. See Foods, malt, etc. 
Splenic or Texas fever. See Cattle 
Stallion registration 

annual report, 54 (159) 

complaints, 53 (156) 



Stallion registration— Concluded . 

enrollment of pedigree, license, 51 (148) 

fees, 53 (154) 

funds, 54 (158) 

infectious diseases, 52 (150) 

license, affidavit, 51 (149) 

license, e.xpiration, 53 (155) 

license, posting, 52 (152) 

permanent certificate, 53 (155) 

pure bred and grade licen.se certificates, forms, 
52 (153) 

record, 52 (151) 

renewal of license, .53 (155) 

revocation of license, 53 (1.56) 

violation of act, penalty, .54 (1.57) 

See Powers and duties', also Stallions and jacks 
Stallions and jacks 

attachment, 55 (168) 

claim for hen, evidence, 55 (165) 

claim for lien, foreclosure, .55 (163) 

claim for lien, recording, 55 (164) 

costs, 56 (170) 

enforcement of lien, 55 (166) 

enforcement of lien, procedure, 55 (167) 

execution, 55 (169) 

execution sale, 56 (171) 

judgment, 56 (170) 

lien for service fee, .54 (162) 

misrepresentation of pedigree, penalty, .54 (161) 

redemption, 56 (172) 

verdict, 56 (170) 
State board of agriculture, aboli.shment 9, note 
State funds, disposition, 10 (8) 
Stock breeders 

annual report, 57 (179) 

certificate of registration, posting, 57 (174) 

false pretenses in obtaining certificate of regis- 
tration of cattle, penalty, 58 (180) 

fees, 57 (177), (178) 

get, lien, 57 (175) 

get, sale on execution, 57 (176) 

statement, filing, 57 (173) 

See Powers and duties, also Race horses 
Stock food law. See Commercial feeding stulYs, 

also Powers and duties, food 
Swine 

diseased swine, conveying, 50 (143) 

hog cholera, prevent spreading, .50 (142) 

running at large, penalty, 50 (141) 

violation of act, penalty, 50 (144> 



Texas fever. See cattle. 
Trees. See Insect and plant diseases 
Tuberculin test. See Cattle 
Turpentine. See Paints and oils 



VMnegar. See Foods 



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